Chongqing recently hitting the case broke the lawyer suspected of false news, Beijing lawyer Li Zhuang on suspicion of violating the "lawyer perjury" arrested by Chongqing police, and most of the media's argument is: "good! Who told you to! Fraud should be punished"! This argument is one-sided, I am a lawyer, I want to just talk about lawyers.

"Criminal law" the provisions of Article 306 is the defender of perjury, legal opinions on the provisions of long-standing, so most of the criminal defense lawyers had little interest, to do a criminal case is as a mere formality, according to police evidence to find some bugs in it, few lawyers drive to collect some new evidence.

The reason is to collect evidence if and the police evidence conflict, it will cause the two evidence authenticity debate, if the adoption of police evidence, then the lawyer to collect evidence will be perjury lawyer, this violated the provisions of the criminal law, constitute a "defender" perjury.

There is a situation in which the lawyer to criminal suspects or their families to provide false evidence, this condition is very rare, a lawyer is not willing to make fun of his job.

Then the defendant confession, the defendant for the criminal responsibility of the fear, before the trial often has a strong ideological struggle, is frankly or overthrow the confession? Especially the commit the most heinous crimes not just the criminal suspect or defendant in the interim before a last ditch, frankly admit, though pleaded guilty attitude is good but also be of no avail, so temporary confession, sometimes that happens to be taken by surprise not know how to deal with the lawyer, the defendant confession is small, but often lawyers bear, may be suspected of lawyers forced confession, so lawyers increased risk, so the lawyer in court repeatedly asked the defendant: your confession is consistent and the meeting of the.

There are counsel for the defendant to prepare evidence was defendants to overthrow, lawyers work not only in vain also suspected of perjury.

In either case, may be converted to instigate the defendant lawyer perjury or retraction, all by the defendant to say. The defendant said lawyers teach him to do so, then the lawyer may be investigated for criminal responsibility of perjury. Although the "Criminal Procedure Law" stipulated the weight of evidence is not heavy confession, but the defendant's confession is not confession in the "lawyer perjury", is the documentary evidence.

Lawyers in the case found in the process of doubt is very normal thing, the doubt to gather evidence is normal logic, collect evidence and police inconsistency or contradiction is normal, but if the conflict, the police is that lawyers subornation of perjury or lawyers fabricated evidence, this is the law for the risk of criminal cases if there is no risk, then follow the prescribed order said some unimportant words, such as the attitude of the guilty plea, which belongs to the first offence, or participate in is not deep, had obtained what recognition etc..

If you want to do a good job in a serious criminal defense, collect evidence is required, the prosecution's duty is to accuse, to submit to the court evidence is found guilty and most of the evidence, and lawyers work on defense, he and the prosecution is relative, need to submit evidence to prove the defendant not guilty, so the balance at both ends to balance. We saw in the criminal procedure is a pile of a pile of all the police evidence, the defendant submitted evidence or a lawyer to collect evidence basically no, lawyers are reviewing the evidence, said the problem of evidence, lawyers and not alone to collect evidence, such as one-sided action litigation.

Strongly called for the abolition of "criminal law" Article 306, the court is the evidence contest venue, only the police evidence is not evidence of the accused is called what? The evidence is the objective of the reaction, it can not be fake, false and not true.

"Criminal law" Article 306 will only make the criminal procedure become as a mere formality, so there is no need for.