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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