Chinese law Situation and Role of Chinese Lawyers in Death Penalty C ases Few Chinese lawyers choose to specialise in the criminal law. It is seen as a risky and generally poorly rewarded area of practice. Many Chinese lawyers, particularly those working outside the larger cities, are generalists and will represent both civil and criminal cases. A few law firms charge very high fees for complex criminal cases, including the death penalty, largely in corruption or drug crime cases, but most clients are unable to pay for teams of lawyers and experts. Criminal lawyers in China do not normally charge by the hour, but for each stage of the case. Different lawyers and law firms may, also, represent different stages of the case. Access to legal aid is discussed below. Successive revisions to the Criminal Procedure Law have expanded the role of the defence lawyer allowing them to meet with their client and participate in each of the three main stages of the criminal process: police investigation, procuratorate review and the trial. Lawyers may also play a role during the SPC review of death penalty cases (see Chapter 6). Chinese lawyers, however, face formidable obstacles in providing an effective defence in death penalty cases. Lawyers experience difficulties meeting with their clients and restrictions conducting their own investigations, including calling witnesses for the defence. Lawyers complain about limited disclosure by the prosecution and that judges disregard their submissions. Despite reforms to the procedure law and the requirement that defendants in death penalty cases are represented by counsel, many lawyers complain that they are no more than an “ornament” when a criminal case comes to court. Many lawyers complain that they are no more than an “ornament” when a criminal case comes to court. There is also criticism of the effectiveness of many criminal defence lawyers. The lack of specialisation is a key factor as is the general absence of performance standards. Experienced lawyers brought in to assist at the SPC review complain that lawyers in earlier stages have failed to keep comprehensive case files and key information is missing. Many lawyers do not seem to take responsibility for the whole of the case, instead viewing their role limited to a particular stage in the case. While low levels of remuneration in legal aid cases may account for some poor lawyering others have argued that lawyers with paying clients are usually adequately remunerated for their time. Regulating Lawyers Chinese lawyers are obliged to be members of the local branch of the All China Lawyers’ Association, an organisation answerable to the Ministry of Justice and with the power, each year, to renew lawyers’ licenses and register law firms. In cases that may be politically sensitive government approved lawyers 39