Caixin
Mar 03, 2023 08:18 PM
CHINA

China’s Top Prosecutor Makes Consulting Defense Lawyers Mandatory Before Arrests

picturePrior to the new guidelines, lawyers’ opinions were rarely taken into account prior to arrest warrants being approved, according to a professor at China University of Political Science and Law. Photo: VCG
picturePrior to the new guidelines, lawyers’ opinions were rarely taken into account prior to arrest warrants being approved, according to a professor at China University of Political Science and Law. Photo: VCG

New guidelines requiring prosecutors to seek the opinions of defense lawyers before issuing an arrest warrant is an effort to ensure that the often-sidelined lawyers are heard during the judicial process, legal experts said.

On Thursday, China’s top prosecutor released a 10-point judicial interpretation laying out opinions to protect lawyers’ rights.

Prior to the new guidelines, lawyers’ opinions were rarely taken into account prior to arrest warrants being approved, according to He Bing, a professor at China University of Political Science and Law and a part-time lawyer. Another seasoned practicing lawyer Wang Fei said that authorities overseeing cases are often reluctant to listen to lawyers, especially when dealing with major and complex cases.

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