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China's legal rights: lawyers win some, lose some

Access to case files and clients is protected, but releasing details to the public is prohibited

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Procuratorates and courts should allow defence counsels to read case files, under new regulations. Photo: AFP

Lawyers' rights to access case files and visit their clients are protected by a set of regulations issued by Beijing on Sunday.

But rather than feel relieved, some lawyers said the regulations also contained restrictions on releasing case details to the public.

The regulations say procuratorates and courts should allow defence counsels to read case files, safeguarding their "right to know".

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But the regulations also prohibit lawyers from releasing information contained in the case files. They say the information must not be used for any purpose other than defending the case.

It is common for lawyers on the mainland to release legal documents or court materials to the public to call attention to cases, particularly politically charged ones or proceedings in which law enforcement officials are accused of ignoring due process.

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It is also common for criminal lawyers to talk publicly about their cases even while a trial is under way.

Lawyers argue this lets the public better supervise legal departments and helps ensure they do not interfere in the judicial process.

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