Prosecutors have pledged to safeguard the rights of lawyers to meet with their clients, have access to files and materials, and collect evidence.
The new Law on Lawyers takes effect on June 1, following an amendment to it passed by the National People's Congress Standing Committee in October.
The amendment says defense lawyers can meet with their clients after initial interrogation or other mandatory sanctions ordered by judicial organs.
"Such rights are important for lawyers in criminal cases," Zhang Geng, the executive deputy procurator-general of the Supreme People's Prosecuratorate, told a teleconference yesterday.
"Prosecutorial organs must grant lawyers those rights," Zhang said.
But in cases involving State secrets if a suspect requests a lawyer, prosecutors will consider the matter.
"If the suspect's request is refused, prosecutors must inform detention centers of the refusal, and the suspect will not be allowed to meet a lawyer," Zhang said.
The new law also emphasizes that conversations between lawyers and suspects cannot be monitored, and lawyers have the right to read all files and materials related to their case.
Lawyers can also collect evidence themselves or apply to prosecuting organs and courts for help. Zhang said prosecutorial departments will also improve procedures in areas involving file applications, excerpts, and copying. Staff will be on hand to receive lawyers' visits for the reading of files and materials, he said.
Zhang called on all prosecutors to improve their detection and investigation skills during an initial interrogation, because after that the conversation between a suspect and his lawyer cannot be monitored.
When an interrogation is being held, the questioning of witnesses and searches must take place simultaneously.
Zhang said prosecutorial staff must have solid proof of guilt or innocence in all crimes.
Qiu Baochang, dean of the Beijing-based Huijia Law Firm, said the new law and prosecutorial measures will reduce some obstacles and create a better environment for lawyers.
"Lawyers will be more keen to defend the rights and interests of defendants in criminal cases," Qiu told China Daily.
(China Daily April 30, 2008)