are imposed. In the Yang Jia case, the court appointed lawyer was a long-term contracted lawyer with the local government for which the victims worked.32 Article 306 of the criminal code on the falsification of evidence and encouraging someone to commit perjury is directed at defence lawyers. Lawyer Li Zhuang was sentenced to 18 months in prison after his client claimed that Li had induced him to allege that his confession had been obtained through torture. Although there have been few convictions under article 306, lawyers worry that if they investigate allegations of torture their client may, with police pressure, subsequently allege incitement. In recent years the authorities have sought greater control over lawyers with a succession of codes of conduct and regulations that seek to restrict lawyers’ use of the Internet and social media to discuss cases, sign public letters and petitions, or offer “imprudent” judicial commentary. A controversial 2015 amendment to the Criminal Law introduced “insulting, defaming or threatening judicial personnel or litigation participants” as conduct which could constitute contempt of court. Lawyers are concerned that the provision may be used arbitrarily when lawyers challenge the prosecutor or the judge in court. The Ministry of Justice has also introduced regulations to strengthen the role of the Communist Party of China over law firms. This is likely to further limit the independence of lawyers and restrict their ability to carry out their duties, particularly in more politically sensitive cases. In July 2015, the authorities initiated a wide-scale crackdown on Chinese lawyers, including the incommunicado detention, torture and conviction of several high profile human rights lawyers who had been practising a more activist approach to lawyering. In July 2015, the authorities initiated a wide-scale crackdown on Chinese lawyers, including the incommunicado detention, torture and conviction of several high profile human rights lawyers who had been practising a more activist approach to lawyering.33 A number of the lawyers caught up in the so-called ‘709’ cases, called after the date on which the crackdown was launched, had campaigned and represented cases of alleged miscarriages of justice, including involving the death penalty. Legal Assistance Lawyers may meet with their clients in the detention centre (kanshousuo) following the first police interrogation. Lawyers are normally appointed by the family of the detainee except, as discussed below, where the case may be supported by legal aid. Detention centres are usually open during office hours from Monday to Friday, although in some cities there is now weekend opening. In less developed regions or in politically sensitive cases, families may try to appoint lawyers from outside 32 Lan Rongjie. ‘A False Promise of Fair Trials: A Case Study of China’s Malleable Criminal Procedure Law.’ Pacific Basin Law Journal Vol. 27. 2011. 33 For more information, see: ‘Fifth Anniversary of 709 Crackdown: Updated Chart of Persecution of Lawyers and Legal and Rights Advocates.’ Human Rights in China. HRIC. 9 July, 2020. https://www.hrichina.org/en/fifth-anniversary-709crackdown-updated-chart-persecution-lawyers-and-legal-and-rights-advocates 40

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