In 2012, the revisions to the Chinese Criminal Procedure Law strengthened key procedural rights of defendants, including the right to conduct an independent investigation into the facts of a case and the right to request a special hearing to exclude “illegally collected” evidence. Yet with an expansion of rights comes a concomitant expansion of defense lawyers’ professional and ethical responsibility. Based on four case scenarios and legal analysis, in this article Professor Ira Belkin and Professor Sida Liu highlight difficult professional ethical issues faced by lawers in the U.S. and China, examining how defense lawyers fulfill the duty of investigation, duty of communication, duty of candor, and their legal and ethical responsibility in dealing with the media. These scenarios are based on materials prepared for four symposiums on this subject that were led by the U.S.-Asia Law Institute in China in 2016 and 2017, held respectively in Guangzhou, Shanghai, Beijing, and Chengdu.
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Date of Authorship for this Version
Ira Belkin & Sida Liu (刘思达), 《柏恩敬、刘思达整理：律师刑事辩护中的职业伦理——中美比较制度与实践对话录 》[Professional Ethics for the Criminal Defense Lawyer: A Comparative Study of Rules and Practice in China and the United States], SJTU Law Review, 2018.