A county justice bureau in southwestern China has ordered local law firms to report cases related to the government’s “anti-organized crime” campaign and obtain official approval before lawyers can argue that a defendant’s alleged offense should be classified differently.
The notice, issued directly to law firms by the Justice Bureau of Pu’an County in Guizhou Province, requires lawyers handling cases covered by a recent anti-organized crime public notice to report them to the bureau’s public legal services department, according to a Sept. 18 blog post by a legal blogger on Chinese news portal NetEase.
The requirement has prompted concerns among Chinese lawyers that a government administrative agency is attempting to exercise control over how defense lawyers present their cases in court.
The notice states that law firms handling cases covered by the campaign “must promptly report [them] to the county justice bureau’s public legal services department.”
It adds: “If the defense argument is to change the legal characterization of the crime, it must be reported to the county justice bureau for study and approval before that defense theory can be expressed. All law firms are requested to strictly implement this.”
Under the arrangement, lawyers would therefore need to do more than simply notify the justice bureau that they are handling a particular case. Before presenting a defense argument that challenges the prosecution’s characterization of an alleged offense, they would have to obtain approval from the same government agency responsible for regulating the local legal profession.
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Under the Chinese regime, the justice system is already frequently weaponized to advance the regime’s interests and to target dissidents.
Lawyers Question Restrictions
A human rights lawyer from Hubei Province, said the local county requirement violates China’s Criminal Procedure Law and interferes with defendants’ rights to a defense as well as lawyers’ independent practice.
“Lawyers [should act] independently in accordance with the law and not be subject to unlawful interference by any administrative agency,” the lawyer, surnamed Zhang, said. “Establishing administrative approval or consent as a prerequisite for using a defense argument is tantamount to placing the review of judicial administrative agencies above the law.”
He is one of two China-based attorneys who spoke to The Epoch Times on condition of anonymity out of fear of reprisal.
China’s Criminal Procedure Law provides that defense lawyers should, based on facts and law, present materials and opinions concerning innocence, lesser offenses, or the reduction or exemption of criminal responsibility.
The Pu’an County notice, however, requires lawyers to wait for the justice bureau to “study and approve” one category of such defense arguments before presenting it.
A Beijing-based human rights lawyer, surnamed Liu, told The Epoch Times the requirement is particularly significant in cases arising from government-led anti-organized-crime campaigns, where lawyers may need to challenge the evidence or the prosecution’s classification of an alleged offense.
“In mainland China, the more anti-organized crime is designated by the authorities as a task, the more lawyers need to question the evidence and the characterization of the crime,” Liu said.
If administrative agencies can screen out defense arguments they do not approve of, he said, a trial could effectively be left with only the prosecution’s account, reducing the defense to a mere formality.
“Special campaigns such as the ‘anti-organized crime’ campaign launched by the Chinese Communist Party (CCP) carry clear political-task implications for local officials,” Liu said. “This precisely reflects that the [local] authorities concerned are moving toward abandoning judicial fairness, and doing so will lead to more wrongful and unjust cases.”
Similar Rule Previously Withdrawn
The requirement in Pu’an has a precedent elsewhere in Guizhou Province.
According to a 2015 report by Chinese state-owned media The Paper, the Zunyi Municipal Justice Bureau introduced a rule in late 2014 requiring lawyers to report cases in which they intended to argue for a defendant’s acquittal or seek a change in the criminal charge.
Lawyers filed a government information disclosure request concerning the rule. The justice bureau responded that, because the provision was controversial, it had decided to withdraw it.
The earlier rule required lawyers to report such cases. The Pu’an notice goes further by explicitly stating that a lawyer seeking to change the legal characterization of a crime must obtain the county justice bureau’s “study and approval” before expressing the defense argument in court.
Ye Zilong contributed to this report.
