Law

The "Two Highs" jointly issue approval on protecting the right to choose defense counsel in accordance with the law

2025-06-27   

On June 26, the Supreme People's Court and the Supreme People's Procuratorate jointly issued the Reply on Issues Related to the Protection of the Rights of suspect and Defendants in Custody to Choose Defenders in accordance with the Law (FSH [2025] No. 9, hereinafter referred to as the Reply). The "Reply" was passed at the 1948th meeting of the Judicial Committee of the Supreme People's Court on April 28, 2025, and the 55th meeting of the 14th Procuratorial Committee of the Supreme People's Procuratorate on May 28, 2025, and will come into effect on June 27, 2025. According to the relevant provisions of the Criminal Procedure Law and the Legal Aid Law, the Reply guarantees the right of suspect and defendants in custody to independently choose defenders in accordance with the law from two aspects: first, the right to meet with entrusted defenders is guaranteed in accordance with the law. According to the relevant provisions of the Criminal Procedure Law, the Reply clearly states that: "After legal aid institutions assign lawyers to provide legal aid and serve as defenders for suspect and defendants in custody, no matter whether the defenders have met with suspect and defendants or not, and the guardians and close relatives of suspect and defendants also act as entrusted defenders, the entrusted defenders have the right to meet with suspect and defendants." By safeguarding the right to meet with the entrusted defenders according to law, we ensure that we understand the true wishes of suspect and defendants in custody, and provide conditions for suspect and defendants to independently determine the selection of defenders. The second is to protect the right of the suspect and defendant in custody to choose the defender according to law. The Reply clearly states: "If a suspect or defendant chooses his guardian or close relative to defend for him or her, the people's court and the people's procuratorate shall promptly notify the legal aid institution to terminate legal aid in accordance with the law." This effectively implements the provisions of the Legal Aid Law that legal aid defense is based on the premise that the suspect or defendant himself or herself "does not entrust a defender," which fully respects the wishes of the suspect and defendant in custody, and ensures the rational use of legal aid resources. Next, the Supreme People's Court and the Supreme People's Procuratorate will thoroughly implement the spirit of the Third Plenary Session of the 20th Central Committee of the Communist Party of China, conscientiously implement the "Reply", continuously improve the level of human rights judicial protection, and effectively safeguard procedural fairness and judicial credibility. (New Society)

Edit:XieYing Responsible editor:ZhangYang

Source:chinanews.com.cn

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