Criminal suspects will be allowed to meet their defense lawyers
after initial interrogation by judicial organs even in cases
related to State secrets, according to a draft amendment submitted
to the top legislature on Friday.
The latest amendment to the Law on Lawyers, presented to the
29th session of the Standing Committee of the National People's
Congress (NPC) for second review, also stipulates that
conversations between attorneys and suspects should not be
monitored.
The current Criminal Procedure Law allows suspects to meet their
lawyers after police interrogation, but does not provide any
details. The Law on Lawyers has no relevant stipulations at all,
leading to many suspects being unable to meet their lawyers because
of police manipulation.
To tackle the problem, the first draft of the amendment,
submitted in June, stated: "Apart from cases related to State
secrets, criminal lawyers can meet clients after judicial organs
conduct the initial interrogation or other coercive measures."
However, some standing committee members have argued that
meeting a lawyer is a basic human right for all suspects.
"Therefore, we've decided to cancel the exception, and make the
rule applicable for all circumstances," Wang Yiming, deputy
director of the NPC Law Committee, said.
The second draft also kept some provisions from the first draft
to make lawyers' jobs easier. For instance, it stipulates lawyers
can collect evidence by themselves, or apply to prosecuting organs
and courts to help collect evidence. They can also ask courts to
force witnesses to testify.
The draft amendment also specifies that opinions expressed, and
remarks made, by defense lawyers in court - provided they do not
threaten national security or slander others - cannot give rise to
prosecution.
"The amendment safeguards lawyers' rights, especially in
criminal defense," Minister of Justice Wu Aiying said in her report
to the NPC standing committee in June.
Another draft tabled for review on Friday, the emergency
response law, made it mandatory for all companies dealing with
hazardous chemicals to regularly check on their operations and map
out emergency plans.
The draft said coal mines, construction sites and work units
that produce, deal with, transport, stockpile and use explosive,
combustible and hazardous chemicals or radioactive materials should
establish detailed emergency plans and launch regular safety checks
to rule out hidden dangers.
The top legislature on Friday also deliberated a draft law on
employment promotion and a draft amendment to the Animal Epidemic
Prevention Law.
Both laws, together with the draft emergency response law, are
likely to be passed on Thursday.
(China Daily August 25, 2007)