general provisions

Article 1 These Measures are formulated in accordance with the Criminal Procedure Law of the People's Republic of China, the Lawyers Law of the People's Republic of China and other provisions in order to protect the legal rights of criminal suspects and defendants, strengthen judicial protection of human rights, and further standardize the work of lawyers on duty.

Article 2 The lawyers on duty mentioned in these Measures refer to the lawyers who set up legal aid workstations in detention centers, people's procuratorates, people's courts and other places by legal aid institutions to provide legal assistance to criminal suspects and defendants who do not have defenders through posting or arrangement.

Article 3 The work of lawyers on duty shall adhere to the principles of law, fairness, impartiality and efficiency, and lawyers on duty shall provide standard legal services.

Article 4 The public security organ (detention house), the People's Procuratorate, the People's Court and the judicial administration organ shall guarantee the right of criminal suspects and defendants without defenders to obtain legal assistance from lawyers on duty.

Article 5 The work of lawyers on duty shall be organized and implemented by the judicial administrative organ, and the public security organ (detention center), the People's Procuratorate and the People's Court shall provide assistance according to law.

Chapter II Responsibilities of Lawyers on Duty

Article 6 The lawyer on duty provides the following legal assistance according to law:

（1） Provide legal advice;

（2） Provide program selection suggestions;

（3） Help the criminal suspect or defendant to apply for changing the compulsory measures;

（4） Put forward opinions on case handling;

（5） Help criminal suspects, defendants and their close relatives to apply for legal aid;

（6） Other matters stipulated by laws and regulations.

The lawyer on duty shall also provide the following legal assistance in the case of confession of guilt and punishment:

（1） Explain to the criminal suspect and defendant the nature and legal provisions of pleading guilty and accepting punishment;

（2） To put forward opinions on the charges charged by the People's Procuratorate, suggestions on sentencing, application of litigation procedures and other matters;

（3） The criminal suspect was present when signing the written confession of guilt and punishment.

When handling a case, the lawyer on duty may meet with the criminal suspect and the defendant on the basis of an appointment, or may meet on his own initiative with the permission of the case handling organ; The People's Procuratorate may consult the case files and learn about the facts of the case from the date when the case is examined and prosecuted.

Article 7 When providing legal advice, the lawyer on duty shall inform the criminal suspect and defendant of the relevant provisions on legal assistance, explain the relevant litigation rights and procedural provisions in combination with the litigation stage of the case, and answer the legal questions of the criminal suspect and defendant.

If a criminal suspect or defendant pleads guilty and pleads guilty to punishment, the lawyer on duty shall understand whether the criminal suspect or defendant has any objection to the charged criminal facts and charges, inform the legal sentencing range of the charged charges, explain the circumstances of lenient and heavier punishment and the lenient range of confession and punishment, and provide suggestions on procedure selection in combination with the case situation.

If the lawyer on duty provides legal advice, it shall record the charges suspected by the criminal suspect or defendant, the legal questions consulted and the legal answers provided.

Article 8 At the stage of examination and prosecution, if the criminal suspect pleads guilty and pleads guilty to punishment, the lawyer on duty may give advice to the People's Procuratorate on the following matters:

（1） Suspected criminal facts, charges and applicable legal provisions;

（2） Suggestions on lenient punishment such as lighter, mitigated or exempted punishment;

（3） Procedures applicable to the trial of cases after pleading guilty and accepting punishment;

（4） Other matters requiring comments.

If the lawyer on duty puts forward opinions on the matters mentioned in the preceding paragraph, the People's Procuratorate shall keep a record of the case and attach it to the file. If the lawyer on duty fails to adopt the opinions of the lawyer on duty, it shall explain the reasons.

Article 9 If a criminal suspect or defendant files an application for review of the necessity of custody, the lawyer on duty shall inform him of the applicable conditions of such compulsory measures as obtaining a guarantor pending trial, residential surveillance, arrest, and relevant legal provisions, as well as the procedures for the People's Procuratorate to review the necessity of custody; If the criminal suspect or defendant has been arrested, the lawyer on duty can help him to apply to the People's Procuratorate for examination of the necessity of custody and assist in providing relevant materials.

Article 10 When the criminal suspect signs the statement of guilty plea and punishment, if the lawyer on duty has no objection to the voluntary nature of the criminal suspect's guilty plea and punishment, the People's Procuratorate's sentencing suggestions, the application of procedures, etc., he shall sign the statement of guilty plea and keep a copy for filing.

If the lawyer on duty has any objection to the recommendation of the People's Procuratorate on sentencing and the application of the procedure, after confirming that the criminal suspect has voluntarily pleaded guilty and pleaded guilty to punishment, he shall sign the written statement, and may at the same time give legal advice to the People's Procuratorate.

If the criminal suspect refuses to be assisted by the lawyer on duty, the lawyer on duty does not need to sign the written statement, but shall keep a copy of the written materials signed by the criminal suspect to refuse legal assistance for filing.

Article 11 For the criminal suspect and defendant in custody, the same lawyer on duty assigned to the detention center can provide legal assistance at different stages of the proceedings. For a criminal suspect or defendant who is not in custody, the lawyer on duty in the previous litigation stage can continue to provide legal assistance to the criminal suspect or defendant in the subsequent litigation stage.

Chapter III Procedures for Legal Assistance

Article 12 The public security organ, the People's Procuratorate and the People's Court shall, at each stage of investigation, examination, prosecution and trial, respectively inform the criminal suspect and defendant without a defender that they have the right to meet with the lawyer on duty for legal assistance, and facilitate their meeting with the lawyer on duty.

Article 13 The detention house shall inform the criminal suspect and the defendant of their right to meet with the lawyer on duty, and provide convenience for them to meet with the lawyer on duty.

The detention center shall incorporate the relevant contents of the lawyer on duty system into the notice of the rights and obligations of detainees, and inform the criminal suspect and defendant of their right to legal assistance from the lawyer on duty when they enter the detention center.

If the criminal suspect or defendant requests to see the lawyer on duty, he may apply in writing or orally. In the case of a written application, the detention center shall timely hand over the application form for legal aid filled in by the detention center to the lawyer on duty. In case of oral application, the detention center shall arrange to fill in the application form for legal aid on its behalf.

Article 14 If a criminal suspect or defendant does not entrust a defender and does not meet the conditions for a legal aid institution to assign a lawyer to provide him with defense, and requests an appointment with a lawyer on duty, the public security organ, the People's Procuratorate, and the People's Court shall promptly notify the legal aid institution of the arrangement.

Article 15 The public security organ, the People's Procuratorate and the People's Court shall put on record any case where the criminal suspect or defendant clearly refuses to provide legal assistance when the lawyer on duty should be notified to do so according to law.

If the criminal suspect or defendant in the previous litigation procedure explicitly refuses to receive legal assistance from the lawyer on duty, the case handling organ in the later litigation procedure still needs to inform him of his right to receive legal assistance from the lawyer on duty, and the relevant information shall be recorded on the record.

Article 16 If the public security organ, the People's Procuratorate or the People's Court needs a legal aid institution to notify the lawyer on duty to provide legal aid to the criminal suspect or defendant, it shall issue a notice of legal aid to the legal aid institution with relevant legal documents attached.

In case of a single batch notification, a notice of legal assistance can be attached with materials about multiple criminal suspects and defendants.

In addition to notifying the lawyer on duty to provide legal assistance at the place of detention, the People's Procuratorate and the People's Court may, in consultation with legal aid institutions, simplify the notification method and notification procedures.

Article 17 The judicial administration organ and the legal aid institution shall, in accordance with the local lawyers' resources and legal aid needs, reasonably arrange the duty mode and frequency of the lawyers on duty together with the detention house, the People's Procuratorate and the People's Court.

The duty mode can be a combination of on-site duty, telephone duty and network duty. On site watchkeeping can be carried out by fixed personnel or by turns, or by appointment.

Article 18 A legal aid institution shall determine the candidates of lawyers on duty based on their political quality, professional ability and years of practice, and establish a roster or a database of lawyers on duty. And inform the public security organ (detention center), the People's Procuratorate and the People's Court in advance of the information of the lawyer on duty library or roster, and the work arrangement of the lawyer on duty.

Article 19 The public security organ, the People's Procuratorate and the People's Court shall deliver the notice of legal aid to the legal aid institution or directly to the on-site lawyer on duty three working days before the date of legal aid.

If there is no on-site lawyer on duty during this period, the legal aid institution shall determine the lawyer on duty within two working days from the date of receiving the notice of legal aid and notify the public security organ, the People's Procuratorate and the People's Court.

The methods of service and notification among public security organs, people's procuratorates, people's courts and legal aid institutions may be simplified through consultation.

The time limit for notification and assignment of cases subject to expedited adjudication procedure and special circumstances such as the need for cross regional deployment of lawyers by legal aid institutions are not subject to the restrictions of the preceding paragraph.

Article 20 If the lawyer on duty is on duty at the People's Procuratorate or People's Court, he shall provide legal assistance to the criminal suspect or defendant in a timely manner according to the arrangement of the legal aid institution or the notice served by the People's Procuratorate or People's Court.

If a criminal suspect or defendant applies for legal assistance and the detention center transfers it to the on-site lawyer on duty, the lawyer on duty shall provide legal assistance in a timely manner according to the arrangement of the detention center.

If the lawyer on duty is on duty by telephone or online, he/she shall provide legal assistance in a timely manner, and another consultation time can be reserved for difficult cases.

Article 21 During the investigation phase, the lawyer on duty can ask the investigation organ about the suspected crime and the relevant information of the case; After the case enters the stage of examination and prosecution, the lawyer on duty may consult the case file materials to understand the case, and the People's Procuratorate and the People's Court shall make timely arrangements and provide convenience. Where electronic files have been realized, the People's Procuratorates and People's Courts can arrange online file reading.

Article 22 The lawyer on duty shall hold a lawyer's practice license or lawyer's work card, an application form for legal aid or a notice of legal aid to go through the formalities of meeting with the detention house for legal aid, and the detention house shall arrange the meeting in a timely manner.

In the case of crimes against national security or terrorist activities, if the lawyer on duty meets with the criminal suspect in custody during the investigation, the permission of the investigation organ shall be obtained.

Article 23 When providing legal assistance, the lawyer on duty shall show his lawyer's practice license or lawyer's work card or relevant legal documents to indicate his identity as a lawyer on duty.

Article 24 The lawyer on duty shall not be monitored when meeting with the criminal suspect or defendant.

Article 25 When the lawyer on duty provides legal assistance, if the criminal suspect or defendant expresses his willingness to plead guilty to the lawyer on duty, the lawyer on duty shall timely inform the relevant public security organ, the People's Procuratorate and the People's Court.

Chapter IV Work Guarantee for Lawyers on Duty

Article 26 Legal aid workstations set up in detention centers, people's procuratorates and people's courts shall be stationed and managed by the legal aid institutions affiliated to the judicial administration organs at the same level.

Where the offices of detention houses, people's procuratorates, people's courts and other organs are near, legal aid institutions may set up joint legal aid workstations to send lawyers on duty.

The detention center, the People's Procuratorate and the People's Court shall provide necessary office space and facilities for the legal aid workstation. If conditions permit, the People's Procuratorate and the People's Court may set up special office areas for cases such as confession of guilt and punishment, and set up special meeting rooms for lawyers on duty.

Article 27 The legal aid workstation shall publicize the legal aid conditions and application procedures, the duty of the lawyer on duty, the basic information of the lawyer on duty on the day, etc., and place legal aid format documents and publicity materials.

Article 28 The lawyer on duty shall record the relevant information of legal assistance activities such as providing legal advice, consulting case files, meeting criminal suspects or defendants, and giving written opinions, and transfer them with the case.

The lawyer on duty shall record the provision of legal aid in the work account or form a work file and hand it over to the legal aid institution within the prescribed time limit.

The public security organ (detention center), the People's Procuratorate and the People's Court shall determine the format of the working account with the legal aid institution, record the performance of duties by the lawyer on duty, and regularly transfer them to the legal aid institution.

Article 29 When providing legal assistance, the lawyer on duty shall abide by relevant laws and regulations, practice discipline and professional ethics, keep state secrets, business secrets and personal privacy in accordance with the law, shall not disclose the case information learned in the work to others, and shall not collect property from the recipient or seek illegitimate benefits.

Article 30 The judicial administrative organ shall, together with the financial department, reasonably formulate the standard of legal assistance subsidies for lawyers on duty according to factors such as direct costs, basic labor costs, etc., and incorporate them into the budget to guarantee them.

The allowance standard for legal assistance such as legal advice provided by the lawyer on duty and legal aid application transferred shall be calculated on the basis of working days; The subsidy standard for providing legal assistance to suspects and defendants in cases of pleading guilty and accepting punishment shall be calculated on a case by case basis or on a working day basis in combination with local actual conditions.

Legal aid institutions shall pay legal aid subsidies to lawyers on duty according to regulations according to their performance of duties.

Article 31 Legal aid institutions shall establish a mechanism for the admission and withdrawal of lawyers on duty, establish a system for assessing the service quality of lawyers on duty, and ensure the service quality of lawyers on duty.

Legal aid institutions shall establish a training system for lawyers on duty. The lawyers on duty shall participate in the training before taking up their first job, and the public security organs, people's procuratorates and people's courts shall provide assistance.

Article 32 Judicial administrative organs and legal aid institutions shall strengthen the supervision and guidance of the work of lawyers on duty in their respective administrative regions. In areas where there is a shortage of lawyers' resources, we can take such measures as coordinating the deployment of lawyers' resources within the province and city, establishing a mechanism for the government to purchase the services of lawyers on duty, etc., to ensure the orderly development of the work of lawyers on duty.

Article 33 The judicial administration organ, together with the public security organ, the People's Procuratorate and the People's Court, shall establish a consultation mechanism for lawyers on duty to clarify the special contact person, communicate the situation in a timely manner, and coordinate to solve relevant problems.

Article 34 The judicial administration organ shall strengthen the supervision and management of the lawyers on duty, and commend the lawyers on duty for their outstanding performance; The lawyers on duty who violate laws and disciplines shall be dealt with according to their functions and powers or transferred to the competent authorities according to laws and regulations.

The legal aid institution shall inform the lawyers association of the performance of duties by the lawyers on duty.

The Bar Association shall include the performance of duties and recognition of lawyers on duty into the annual assessment of lawyers and records of lawyers' honest service, and shall deal with lawyers on duty who violate professional ethics and practice discipline in accordance with laws and regulations.

Chapter V Supplementary Provisions

Article 35 Where the State security organs, the China Maritime Police Bureau and prisons perform their duties as prescribed in the Criminal Procedure Law and involve the work of lawyers on duty, the provisions of these Measures concerning public security organs shall apply.

Article 36 The Measures shall come into force as of the date of promulgation. The Opinions on Carrying out the Work of Legal Aid Duty Lawyers (SFT [2017] No. 84) shall be repealed at the same time.