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Defense lawyers face uphill battle(2)

2013-01-07 13:21 China Daily     Web Editor: Wang YuXia comment

The case focuses on the alleged actions of two men who are accused of breaking into a room occupied by their neighbor, Wang's client, and blaming him for their inability to surf the Internet. The client, a migrant worker in his 30s, quarreled with them and, in defense of his wife, allegedly stabbed one with a knife, injuring him, Wang said.

Wang declined to name his client, saying the case is still ongoing.

"This case, I thought, was about a simple conflict among young men," he said. "My client should be considered innocent, since he acted in self-defense, and it was the two men who first barged into my client's room."

But prosecutors from Beijing's Haidian district have deemed the case to be serious, noting the man was "seriously injured", Wang said.

Wang said he has repeatedly tried to meet the suspect in person and talk to prosecutors about the case. Although both of those steps are legal, he was always turned down by prosecuting authorities.

The case has now been sent to court, and his client is faced with spending at least three years in prison, he said. 

The ratio of criminal cases pleaded by professional lawyers to all criminal cases decreased between 2004 and 2010, a sign that many legal representatives are unwilling to speak up for suspects, according to the association.

Zhao Li, a 39-year-old attorney at the King and Bond Law Firm, said the biggest difficulty lies in getting submissions accepted in court.

The lawyer, who has more than 10 years of experience working on criminal cases, said courts routinely ignore pleas of innocence that he submits on behalf of clients. 

Despite the rebuffs, Zhao said he remains optimistic about his work.

He said current rules pertaining to the legal profession will, if enforced properly, protect lawyers' rights. Further safeguards will, meanwhile, come from new regulations and a revised version of the Criminal Procedure Law that took effect at the start of the year.

Tang Hongxin, a lawyer at Yingke Law Firm in Beijing, echoed Zhao, saying criminal lawyers should put more money, time and energy into cases.

He said it's becoming easier to meet clients and read files in Beijing, Shanghai and other big cities, and these changes will start to be seen across the country as the revised Criminal Procedure Law increasingly has its intended effects.

In one sign of progress, judicial authorities have reduced the number of steps lawyers must take to obtain permission to meet their clients, Tang said.

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