1, "lawyer law" forty-fifth article third paragraph: to provide false evidence, concealing important facts or threatening, luring others to provide false evidence, concealing important facts.

2, "criminal law" article 306th: in the criminal procedure, the defenders and agents ad litem, destroy or forge evidence, to help the parties destroy or forge evidence, threat, seducing witness to change or make false testimony, is less than three years imprisonment or criminal detention; if the circumstances are serious, three to seven years in prison. The defenders and agents ad litem, provide, produce, citing witnesses testimony or other evidence inconsistent with the facts, not forged intentionally, not belong to forge evidence.

3, "Criminal Procedure Law" thirty-eighth article: defense lawyers and other defenders, may help the criminal suspects, defendants to conceal, destroy or falsify evidence, or collusion, threatening, luring witnesses to change their testimony or conduct other acts of interference of judicial litigation activities. In violation of the provisions of the preceding paragraph, shall be investigated for legal responsibility according to law.

4, "Criminal Procedure Law" article forty-sixth: all cases are to be sentenced to the weight of evidence, investigation and study, not credulous. Only the accused confessed, no other evidence, not the defendant is found guilty and sentenced to a criminal punishment; without the confession of the accused, the evidence is sufficient and reliable, can be found the defendant guilty and sentenced to a criminal punishment.

5, "Criminal Procedure Law" forty-seventh article; the testimony of witnesses in court by the public prosecutor, the victim and the defendant, counsel questioned both sides, questioning, listening to the testimony of witnesses and have been verified after, can serve as the basis for deciding. The court witness has intentionally given false testimony or conceal evidence, shall be dealt with according to law.

There was such a sentence that lawyers for having heard it many times as saying: "if you want to make the law, don't go when the lawyer; if you want to be a lawyer, you don't to do criminal cases; if you want to do a criminal case, they do not get the testimony of witnesses; if all this do not, then you on their own to rehab!" This sentence out of the dilemma and difficulties of China's lawyers in the criminal defense, also shows that the real obstacle to China's criminal law and judicial environment.

Countermeasures: lawyers should be how to avoid violating the provisions of article 306th of the criminal law (Gao JunbinLawyer.

Loyal to the law, adhere to the agency cases according to law, the defense case,, loyal to the truth

If in order to obtain high interest to wrest the law, distorted the facts, and even induce others perjury, the investigators' torture to extract confessions is a truth, who also can not save you, this is a simple question of common sense.

Several problems should be paid attention to during the meeting two, lawyer

Li Zhuang case outbreak, originated from Li Zhuang to suspect Gong Gangmo in the court claimed by the public security organs of torture to extract confessions. We believe that the vast majority of lawyers, not too instigated crime suspect, but little attention appears many obscure problems, I am afraid this is not the case of Li Zhuang problem. Lawyers in the interview, encountered this phenomenon, many suspect after the public security organs and other relevant units after the inquiry, influence each other in the detention center, coupled with its individual lawyers believe that their own people, they will often refer to this problem, in this regard, the lawyer should remain on high alert, from the three aspects of the following work:

(a) if the criminal suspect has surrendered plot shall inform the relevant legal provisions he surrender to surrender, which has three elements, one element is must truthfully confession the case, but if a criminal suspect confession, there may not be identified to since the first plot. And surrender to the plot, and the statutory mitigating, mitigating circumstances, so that, the criminal suspect might weigh weight, in most cases will no longer adhere to the so-called "torture to extract confessions" problem.

(two) if you do not surrender to the plot, also should tell the confession of the circumstances of the crime belongs to the discretionary lighter punishment, at the same time to the legal consequences of combined with the previous record again to inform the suspect's confession.

(three) for the lawyer told the above obligations, but the suspect also adhere to extor confession by torture, the lawyer should be favorable, rational, festival.

A, the prosecutor is favorable, and the prosecution of the contact, in the possible situation can also copy the personnel of interrogation. For indeed torture to extract confessions, the suspect will generally in the prosecution filed. That is to say, the prosecution personnel records are not lawyers, "lure", so that you grasp the initiative, in an advantageous position.

B, rational, which is in accordance with the law, in recent China judicial history, appeared in two cases, one is the case of She Xianglin, a Zhao Zuohai case, which touches our judicial top, which issued the "provisions on evidence in death penalty cases" and "illegal evidence exclusion rules". Therefore, we should be in accordance with the provisions of startup procedure.

C, a festival, take the above procedures, the illegal evidence can be excluded, no judicial personnel of torture to extract confessions found, lawyers should be so far, in awe of the law. Renmin University of China law school Wang Zhendong told a story about Socrates would never in history for "evil law is law theory and its value of" zong. Socrates is a famous philosopher, who believed in speaking, stubborn personality, especially like to use dialectics, will be those who think that educated by be rendered speechless, eventually offended some be opinionated man, so these "wise man" advantage of Athens be a wild legend laws accused Socrates of disrespect for the gods to impart knowledge, corruption and corruption of the youth, and also really put him in prison, he was sentenced to drink poison. Before the execution, Socrates students G force with him, told his friends decided to help him escape, but everything has been arranged, but Socrates was calm and confident, not escape, therefore, G force and provided various reasons to persuade him, tell him the unjust laws, obey these laws simply pedantic, but still invalid. Socrates also asked the jailbreak is justified? A convicted person even if he is sure that unjust accusations against him, to escape the legal sanction is justified? "Apology of Socrates" the dying Saint said the last sentence is "break up to, I to die, and you to live, who place good, only God knows." His spirit is shown on the evil law fear of an ancient philosopher, and moreover we be in power of the people's Republic of China enacted the law? As long as the lawyer with legal means, we will have no what a pity, and on the other hand if we through the above procedures that the criminal punishment and torture, this, as the law also can not get dizzy with success, wantonly attack on the scout, but can stop.

Three, should pay attention to evidence for lawyers in the criminal case problems

Li Zhuang case is suspected of perjury was sentenced to prison, so the lawyer in investigation of issues should be cautious. Combined with his experience in handling cases, I think we should pay attention to the following several questions:

A, relates to the testimony of a witness, witness statement must insist, such a witness in court by three party quality certificate, generally do not have what problem, can also prevent the witness changing testimony on the same problem again, finally in the lawyer to passive. For example, I with a member of the Baoji Jinling City Credit Cooperatives case, I was not evidence, then Xi'an lawyer came to Baoji evidence, in my office to witness the conversation record. Then the supplemental investigation, procuratorate and looking for the witness, the witness himself to the lawyer license is false, but later he testify in court and lawyers, to avoid a trouble. In addition to court in the witnesses, lawyers and witnesses is best not to meet, in order to avoid unnecessary trouble, for example: my lawyer Geng people in criminal cases accepted, he defended a vice president of the court, vice president suspected of bribery crime, the criminal suspect shall not approve a sum of money the family asked, Geng civil lawyer forensics to bribery, Geng min lawyers not to agree to this request, but for the witness to appear in court, the judge agreed, in the day of the court Geng min lawyers court asked "have you provided in a certain period of testimony that the accused charge you 6000 yuan of money, Is it right? Facts?" The witness to answer: "not, I treat in the hospital at the time, the procuratorate put me to the Le Grand Large Hotel closed for 3 days. I be unable to resist sustain the blows, but false witness." Court prosecutor immediately said "you should consider the consequences!" Witness adjourned, not out of the gate was captured, prosecutors repeatedly asked: "who let you change testimony?" Because people haven't seen Geng witness, witness may not testify, "I am in the lawyer induced change testimony," the procuratorate will witness from 10 a.m. to 11 p.m., what also didn't ask out, had to put people, the court has not found that 6000 yuan.

B, evidence procedures must be legitimate, here are some points to note, one is the victim of evidence, shall comply with the provisions of the criminal law thirty-seventh stipulation, specific provisions, "defense lawyer with the consent of the witnesses or other relevant units and individuals, can collect information pertaining to the current case to them, can also apply to the people's the procuratorate, the people's court for the collection and obtaining of evidence, or request the people's court to inform the witnesses to testify in court; lawyer with permission of the people's Procuratorate or the people's court, and the victim victims or their close relatives, provide witness agree, can collect information pertaining to the current case" to them, we remember the legal provisions. The two is to the justice the original witness evidence must be quasi steady. For example, I am in the process of a criminal case, the witness said "may" and "probably" mean in the prosecution's record, lawyers think this problem in the investigation is not clear, so further evidence, received a positive response, so that this issue be clarified, public prosecution organ also have nothing to say. Three is a must abide by the relevant organs of the program such as the evidence, in handling the criminal case, to be held in a Hanzhoung prisoners forensics, two assistants, I went to Hanzhoung prison, but Hanzhoung prison but reply need to be approved by the Provincial Bureau of prisons, my assistant phone from Hanzhoung, ask I can find someone to accommodate them, I immediately notice two people back to Baoji, and arrived in Xi'an, specially visited the prison administration bureau. Bureau of prisons to produce the relevant formalities, two assistants, once again at Hanzhoung, had evidence, and the prison management cadres present evidence. Then we provide the evidence to the court, while providing the Prison Administration approval procedures, from the formal requirements on an official stamp, more to enhance the credibility of evidence, the evidence eventually adopted by the court. At the same time, can not make mistakes lawyer forensics, because lawyers involved in the criminal case is divided into three stages, some members of the criminal suspects "save" eager, first requires lawyers to collect evidence, some lawyers forgot the task of lawyers in the investigation stage, early evidence, but by the investigation organ that interference detection, finally The loss outweighs the gain. Four is to do the investigation notes must be more than two people, when possible, record one, questioning two people, many a person has less of a risk. At the same time in the notes should be stressed on many occasions should be truthful, and told it should bear the legal consequences of perjury, this statement at least in the investigation notes at the beginning and end of the show two times, also asked the witness to sign on every page, record, do not leave any stone unturned.

Four, for lawyers in the confidentiality obligation in criminal cases

(a) the criminal case is different from the civil case, civil case information from the parties and lawyers to collect evidence, so feel free to the public. But the sources of criminal cases by public security organs. So we can't get the material criminal cases casually disclosed to the parties, in order to avoid the suspect relatives after that find each other in collusion, lawyers not as collusion.

(two) nor by the criminal suspect relatives will help to material. For example, I am in the process of a criminal case, the parties in order to further strengthen the defense force, also hired a lawyer in Xi'an, the lawyers busy, let the relatives of the previous copy materials referred to him, I immediately pointed out that the vulnerability, the lawyer also deep Ming Yi, immediately sent to me. Retrieve the data. Therefore, lawyers should pay attention to every detail in handling criminal cases.

(three) is not delicious head to suspect leak case related information, remember that lawyers in handling criminal cases are independent.

In a word, how to avoid the criminal law 306 stipulation, is a sensitive topic, as mentioned above, may not be entirely correct, this is only valuable, in attempt to induce Tongren more attention.