In order to implement the All-China Lawyers Association’s "Several Opinions on Lawyers’ Handling of Criminal Cases by Underworld Forces" and the relevant regulations of provincial and municipal judicial administrative agencies and the Lawyers Association, to ensure that lawyers can handle criminal cases related to underworld forces in accordance with the law. Lawyers’ rights to practice, regulate the practice of lawyers in handling criminal cases involving criminal forces, and improve their ability to handle criminal cases related to criminal forces. After the research and decision of the partners meeting of Shandong Dadiren Law Firm, on August 20, 2018, the establishment of the Shandong Dadiren Law Firm's Office for the Supervision of Criminal Cases of Underworld Forces was established, and the "Shandong Dadiren Law Firm's Handling of Underworld Crimes" was promulgated. Case Work Rules
Shandong Dadiren Law Firm
Working Regulations for Handling Criminal Cases of the Underworld Forces
Article 1 In order to improve the lawyer’s ability to handle criminal cases related to criminal forces, protect the lawyer’s practice rights, and regulate the practice of criminal cases involving criminal forces of the "Several Opinions on Defense Agency Work in Power Crime Cases" and relevant regulations of provincial and municipal judicial administrative organs and the Lawyers Association, combined with the actual situation of the firm, formulate these regulations.
Article 2 The Supervision Office for the Handling of Criminal Cases of the Underworld Forces (hereinafter referred to as the "Supervision Office") shall exercise its powers in accordance with these regulations, and the Supervision Office shall accept the leadership and supervision of the Institute and the Cooperative Conference.
Article 3 The Supervision Office of the firm conducts a full follow-up inspection of the lawyers' handling of criminal defense and agency work in criminal cases, strengthens case handling quality supervision and risk management, and guides the resolution of legal problems encountered in the process of handling cases, and finds that lawyers have violated laws and regulations in handling cases It must be stopped and corrected in time. The office should strengthen the management of official seals, and strictly follow the process of "approval first, seal later" to manage the materials of criminal cases involving gangsters, to prevent private collection of charges from occurring. Supervise and supervise the undertaking lawyers to strengthen the file management of criminal cases by the underworld forces to prevent the occurrence of leaks and improper transmission.
Article 4 The supervision office of the firm has one director, one deputy director, and several members of the working group, responsible for the daily work of the office, including case filing, supervision, docking with judicial administrative departments and lawyers associations, and exchanging case handling experience with other law firms , Organizing lawyers throughout the firm to conduct relevant business training and case discussions on a regular or irregular basis. If members of the supervision team handle gang-related cases themselves, they shall not participate in the supervision of their own cases as staff members of the supervision office.
Article 5 The Supervision Office shall make full use of various channels such as our WeChat groups and training sessions to publicize the correct practice, experience and effectiveness of lawyers in handling criminal cases involving underworld forces.
Article 6 The Supervision Office of the Stock Exchange specifically performs the following duties:
1. Conduct pre-examination of the lawyers' handling of gang-related cases, examine the client, the basic situation of the case, etc., and report the review to the director of the supervision office, and the director of the supervision office will decide whether to accept the entrustment;
2. To file a case involving gangs that agree to accept entrustment, the lawyer handling the case shall take the initiative to perform the filing procedures;
3. Train our lawyers on the handling of gang-related cases, practice norms, practice risks, etc.;
4. Supervise the practice behaviors of our lawyers in handling gang-related cases;
5. Provide risk reminders to our lawyers in handling gang-related cases;
6. Maintain the practice rights and interests of our lawyers in handling gang-related cases;
7. Impose penalties for violations of our lawyers in handling gang-related cases;
8. Organize the lawyers of the firm to summarize and communicate with the cases involving gangs handled;
9. Connect with lawyers’ associations and judicial organs, and file the handling of criminal cases in accordance with relevant regulations;
Article 7 The lawyers of our firm who act as defenders or litigation agents in criminal cases involving underworld forces must abide by the firm’s systems of uniformly accepting entrustment, signing written entrustment contracts, and charging fees. After accepting the commission of a triad-related case, the lawyers of this firm must promptly report the case-related information to the Supervision Office on the same day, including the location of the case, the number of people involved, the time of commission, the identity of the client, etc., and fill in the "Lawyer Handling Triad Organizations" Criminal case filing registration form" (see attachment).
Article 8 After receiving the lawyer’s report, the Supervision Office shall file with the Lawyers Association and the judicial administrative agency within five days after accepting the case. In case of emergency, the supervision office shall supervise the lawyers to report to the lawyers association and judicial administrative organs in a timely manner.
Article 9: The lawyers of our firm handle the defense and representation work of criminal cases involving criminals and evil forces, and shall report the progress of the case to the Supervision Office in a timely manner. Lawyers shall conduct interviews, read files, investigate and collect evidence in accordance with laws and regulations, and accept the review of the case-related circumstances by the Supervision Office at any time.
Article 10 In the process of handling a case, if a defense lawyer makes an innocence defense or changes the characterization of the case, it shall apply to the director or deputy director of the Supervision Office to organize a collective study. The undertaking lawyer reports the case handling plan and defense agency opinions. The Supervision Office collectively studies the feasibility of defense ideas and forms collective research opinions to ensure that the spirit and requirements of the special struggle against criminals and evil as well as the relevant system regulations are correctly implemented and implemented.
Article 11: When the lawyers of our firm are handling gang-related cases, if they believe that the case-handling agency and its staff have clearly violated the law, hindered the lawyer from performing his defense and agency duties in accordance with the law, or violated the lawyer’s right to practice, he should report to the Supervision Office in a timely manner. After communicating with the Supervision Office, complain to the case-handling agency or its higher-level agency, and file a complaint or complaint to the same level or higher-level People’s Procuratorate. After reviewing the relevant circumstances, the Supervision Office believes that there are facts that have infringed on the lawyer's practice rights, it should supervise the lawyers to adhere to the law, rationality, peace, civility, and norms to protect their rights to prevent excessive words and deeds. At the same time, apply to the municipal judicial administrative agency in the place of registration and the districted city lawyers association to maintain the right to practice.
Article 12: Lawyers of our firm handling gang-related cases shall participate in the exchange of experience and business training in handling gang-related cases conducted by the Supervision Office to improve their ability to handle gang-related cases. At the same time, the Supervision Office also encourages lawyers to summarize and share their experience in handling gang-related cases.
Article 13 The Supervision Office will continue to follow up the progress and developments of our lawyers in handling gang-related cases, supervise lawyers in handling cases in accordance with the law, and ensure that lawyers strictly abide by relevant practice norms in the process of handling cases. Lawyers shall not conduct distorted, misleading publicity and comments on the cases being handled by themselves or other lawyers, or maliciously hype the cases; they shall not form groups, sign joint signatures, publish open letters, organize online gatherings, support, etc., or discuss them on the basis of individual cases. Name, create public opinion pressure, attack and slander judicial organs and judicial systems; not incitement, abet and organize parties or other persons to sit in judicial organs or other state organs, raise placards, play banners, shout slogans, support, and watch, etc., disturb the public Order and endanger public safety. Strictly abide by the obligation of confidentiality, and shall not disclose state secrets, business secrets and personal privacy of the client and other parties known in practice, and other information and information that the client is unwilling to disclose. It is not allowed to disclose or disseminate in violation of regulations the information and materials of the undisclosed trial of the case, or the important information and evidence materials of the relevant case learned by the person or other lawyers in the process of handling the case. It is necessary to abide by the regulations of the place of supervision and not to meet with criminal suspects and defendants in custody in violation of the regulations. Observe court order, respect judges, prosecutors, and other case-handling personnel. In the event of a major disagreement with the prosecution or the trial judge, they shall communicate and coordinate with the judicial organs and judicial personnel in accordance with the trial rules, or report through normal channels. Questions and comments.
Article 14 When the Supervision Office discovers that the lawyers of our firm have violated the practice norms and practice disciplines in the process of handling gang-related cases, it has the right to request the relevant lawyers to immediately stop the violations and make a written report explaining the violations. After deliberation by the Supervisory Office, it is reported to the partner meeting to make a handling decision.
Article 15 This regulation shall come into effect on the date of issuance, and the interpretation by the partners of Shandong Dadiren Law Firm shall be responsible for the interpretation.