Lawyers And Law Firms In Violation Penalties

Original Language Title: 律师和律师事务所违法行为处罚办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201007/20100700259000.shtml

Lawyers and law firms in violation penalties

    (April 8, 2010 122th promulgated by the Ministry of Justice as of June 1, 2010) Chapter I General provisions

    First in order to strengthen the supervision of lawyers, law firm activities, regulate lawyers, maintain normal order of legal services, in accordance with the People's Republic of China Law on lawyers (hereinafter referred to as the lawyers Act), the People's Republic of China on administrative punishment law (hereinafter referred to as the administrative punishment law) relevant provisions of these measures.

    Lawyers, law firms are in violation of article II, should be given administrative punishment, by the judicial administrative organs in accordance with the law, the law on administrative punishment law and other relevant laws, regulations and rules and the regulations impose administrative penalties.

    Article III judicial administrative organs the implementation of administrative punishments, should follow the principle of fairness, openness and should be based on the facts, the nature and seriousness of the violations and the harm; should persist in combining punishment with education, education lawyers, law firm practise according to law and abide by the professional ethics and practice discipline. Article IV judicial administrative organs shall establish and perfect the supervision system of administrative penalties.

    The judicial administrative organs at a higher level shall strengthen the level judicial administrative bodies to implement administrative punishments under the supervision and guidance, found that administrative sanctions illegal, inappropriate, shall be ordered to put right.

    In the judicial activities of executive staff in the implementation of administrative punishment, violations, shall be given an administrative sanction constitutes a crime, criminal responsibility shall be investigated according to law.

    Chapter law punishable offences

    Fifth, one of the following circumstances, which belongs to the 47th article of the lawyers law provides that lawyers "simultaneously practising in two or more law firms" offences:

    (A) law firm as well as other law firms or the practice of legal services;

    (B) allowed to practise changing institutions prior to the prospective law firm on behalf of the hosting business, or permitted changes to the original law firm, on behalf of the hosting business.

    Sixth, one of the following circumstances, which belongs to the 47th article of the lawyers law provides that lawyers "through improper means to contract business," offences:

    (A) misleading, luring, threats or false promises, such as soliciting business;

    (B) to pay the fee, Kickback, promises to provide benefits, such as soliciting business;

    (C) by being true to himself and his law firm does not, inappropriate promotional or slandering other lawyers and law firms reputation, such as soliciting business;

    (D) in the Office of the law firm established outside the residence, reception contract business.

    Seventh under any of the following circumstances, which belongs to the 47th article of the lawyers law provides that lawyers "in the same case for the parties to act as an agent, or agent-and their close relatives have a conflict of interest law" violations:

    (A) in the same civil litigation, administrative litigation or non-litigation legal services for both parties to a conflict of interest in acting as agents or provide legal services;

    (B) at the same for both the defendant and the victim in the criminal case as a defender, agent, or at the same time for at least two suspects, served as the defence of the accused person;

    (C) serving as legal adviser, for the parties to a conflict of interest with the consultants to provide legal services;

    (D) as judge, Prosecutor, lawyer, in his capacity as Attorney and defendants the contractor worked as court, public prosecutor's Office handling the case;

    (E) once served as arbitrator to act as an arbitrator or lawyer, as an agent host in my original posts or working of arbitration cases.

    Eighth once as judge, Prosecutor, lawyer, from the people's courts and people's procuratorates within two years after leaving office, agent, Defender or otherwise participate in litigation legal services law firm to host, which belongs to the 47th article fourth of the lawyers law provides "from the people's courts and people's procuratorates serve as agent ad litem or within two years following the departure of Defender" violations.

    Nineth under any of the following circumstances, which belongs to the 47th fifth, of the lawyers law provides lawyers "refuse to perform the obligation of legal aid" offences:

    (A) without good reason refused to accept law firm of legal aid or legal aid agency assigned case;

    (Ii) after being given the assignment, negligent performance or ceased to carry out legal aid duty without authorization.

    Article tenth of the following circumstances, which belongs to the 48th article of the lawyers law provides that lawyers "commissioned privately, charge fees, and entrusted their personal property or other benefits" offences:

    (A) contrary to unity entrusted to rule or be punished by not practicing during the privately commissioned undertaking legal matters;

    (B) the breach of charges regulations, without charge, use, occupation of lawyer services and counsel travel expenses for handling offsite;

    (C) ask clients for other outside law firms charge a flat fee, property or other interests;

    (D) asked the legal aid recipients for fees or accept property or other interests of the recipients.

    After 11th lawyer entrusted, apart from the following circumstances, refuse to defend or agents, failing to appear in court to participate in litigation or arbitration, belonging to the 48th article of the lawyers law provides offences:

    (A) the matters entrusted to illegal or use lawyer provides legal services to engage in unlawful activity;

    (B) the client intentionally concealing relevant and important facts or providing false or forged evidence;

    (C) obligations of delegate fails to perform the contract;

    (D) the lawyer was suffering from serious illness or ceased to practise more administrative punishment;

    (E) other can deny the defence, acting in accordance with law.

    12th under any of the following circumstances, which belongs to the 48th article of the lawyers law provides that lawyers "advantage of providing legal services make the interests of the parties" offences:

    (A) the inducement, deception, coercion, blackmail and other means to get party with the disputed property, rights and interests of others;

    (B) instigating or inducing a party to the dispute of property rights transfer, sale or lease to others, and profit.

    13th a lawyer without the authorization or consent of the client or any other party, during or after the process of assigning cases, unauthorized disclosure, dissemination in the practice known in the client or any other party's trade secrets, personal privacy or other than disclosure and information, belonging to the 48th article fourth of the lawyers law provides "to disclose trade secrets or personal privacy" violations.

    14th under any of the following circumstances, which belongs to the 49th article of the lawyers law provides that lawyers "violation of regulations, meeting with a judge, Prosecutor, arbitrator or other relevant working personnel or in other cases of improper influence in accordance with the law" violations:

    (A) host agents, during the defense, for the purpose to affect the result, during non-working hours, workplace meeting with a judge, Prosecutor, arbitrator or other relevant working personnel;

    (B) the judge, Prosecutor, arbitrator or other relevant staff of the special relationship, affecting handling cases according to law;

    (C) cases of distorted, inaccurate, misleading information or discredit the relevant authorities which handle their cases and staff, as well as the reputation of the other party to affect handling the case according to law.

    15th under any of the following circumstances, which belongs to the 49th article of the lawyers law provides that lawyers "to the judge, Prosecutor, arbitrator or other relevant working personnel bribe, bribery, or instigating or inducing a party to bribes" offences:

    (A) undertake the case of judge, Prosecutor, arbitrator or their close relatives hold funerals and other staff matters such as timing, based on their gifts, money, securities and other forms of bribery;

    (B) to decorate home, reimbursement of personal expenses, finance, entertainment and travel, to a judge, Prosecutor, arbitrator or other permissible;

    (C) to provide transport, communications, housing, or other items, to the judge, Prosecutor, arbitrator or other permissible;

    (D) affect the result for the purpose of directly to the judge, Prosecutor, arbitrator or other staff member a bribe, bribery or instigating or inducing a party to bribery.

    16th under any of the following circumstances, which belongs to the 49th article of the lawyers law provides that lawyers "to judicial administrative departments to provide false information or if there are other falsifications" offences:

    (A) in the administration of Justice in the implementation of the inspection and supervision work, concealing facts to it, refuse to provide, or provide inaccurate, false materials, or conceal, destroy or falsify evidence;

    (B) participate in the lawyer's annual assessment, evaluation, assessment and excellence of practice activities, provide false, false, false materials or if there are other falsifications;

    (C) apply for practice change in institutions, upon termination, cancellation procedures go through practice, provide inaccurate, false, forged materials.

    17th under any of the following circumstances, which belongs to the 49th article fourth of the lawyers law provides lawyers "deliberately providing false evidence or threaten, cajole others into giving false evidence, preventing the other party lawfully obtained evidence" offences:

    (A) with the intent to a judicial, administrative or arbitral institutions submitted false evidence, or instigating, threat, inducement of others to provide false evidence;

    (B) the instructions or help clients or others to forge, conceal, destroy the evidence, instigate or assist any suspects, the accused collude, threat, inducement of witnesses not to testify or to commit perjury;
(C) impede legitimate evidence of other parties, Attorney and defendants, or to prevent others to host authorities or by the other party to offer evidence.

    18th under any of the following circumstances, which belongs to the 49th article of the code of lawyers lawyers under the fifth "accept property or other interests of the other party, colluding with the opposing party or a third person, against the interests of the client" offences:

    (A) provide to the other party or third party is not conducive to the client's information or evidence;

    (B) the opposing party or a third party such collusion, dark tie, impede the legitimate exercise of the right of the client;

    (C) accepts property or other interests of the other party, delay, negligence or intentionally does not perform Agency, Defense duty, to the trustee and delegate matters adversely affect the handling and loss.

    19th under any of the following circumstances, which belongs to the 49th article sixth of the lawyers law provides that lawyers "disturb courts, arbitral order, interfere with the normal conduct of litigation or arbitration" violations:

    (A) published in the Tribunal, the arbitral tribunal, or instigating or inducing a client issued the comments made by disturbance to normal litigation or arbitration;

    (B) prevent the principal or the other participants in the proceedings in court, resulting in litigation or arbitration is not carried out properly;

    (C) instigating or inciting others to disturb the order of court, the arbitral tribunal;

    (D) without justifiable reasons, refuse to defend in court, agent, refuses to sign judicial documents or refused in the case of signed comments on instruments.

    20th under any of the following circumstances, which belongs to the 49th article of the code of lawyers lawyers under the seventh "inciting, abetting a party by disrupting public order, endanger public security or by other illegal means to resolve disputes" offences:

    (A) inciting, abetting a party taking unlawful assemblies, processions and demonstrations, assembling a crowd to disturb order in public places, transport order, containment, the impact of State organs and other illegal means to express demands, obstruction of State organs and their staff to perform their duties, resisting law enforcement activities and the enforcement of judgments;

    (B) the use of the media or by other means, inciting, abetting a party to disrupting public order, endangering public safety by means of interference proceedings, arbitration and administrative conduct normal law enforcement activities.

    Article 21st of the following circumstances, which belongs to the 49th article eighth of the lawyers law provides lawyers "publication endangers national security, malicious slander others, seriously disrupting court order speech" violations:

    (A) host agents, Defense business during the publication, dissemination of endangering national security, malicious libel judge, Prosecutor, arbitrator and the other party or third party, seriously disturbing the order of the Court;

    (B) during practice, publish, producing and disseminating rhetoric that endangers national security, information, audio and video products or support, participation, implementation of activities with the intention of endangering national security.

    Article 22nd law breach of confidentiality provisions, intentionally or negligently leaked State secrets obtained in the practice, which belongs to the Nineth 49th article of the lawyers law provides "leaking State secrets" offences.

    Law firm chapter punishable offences

    Article 23rd, one of the following circumstances, which belongs to the 50th article of the lawyers law provides law firms "violation of provisions accepted delegate, charging" illegal:

    (A) in violation of regulations, not in the name of law firm unity entrusted to claim legal services, uniform fees and long distance travel expense of handling cases, pay voucher is not issued to clients effectively;

    (B) the solicitation or acceptance from the principal provisions, costs of outside contracts, property or other interests;

    (C) the connivance or allows our lawyers have tenth violations of the provisions of these measures.

    24th under any of the following circumstances, which belongs to the 50th of the lawyers law firms provided for in article "violation of legal procedures to change the name, owner, Association, partnership agreement, shelter, partner of important matters such as" offences:

    (A) not required procedure law firm name, person in charge, articles of Association, partnership agreements, matters such as residence, partners, organization change for approval or for the record;

    (B) according to the provisions of the conditions and procedures for development partners, handling partner withdrawal, removal or elected head of the law firm;

    (C) do not follow the prescribed procedures for a law firm, separation, merger, establish branch or termination, liquidation and cancellation matters.

    25th under any of the following circumstances, which belongs to the 50th article of the lawyers law provides law firms "engaged in business activities other than the legal service" violations:

    (A) sole proprietorship, joint venture or principal shareholders and others to set up businesses, and assigned lawyers to act as legal representative of the enterprise or General Manager;

    (B) has nothing to do with the legal services of the intermediary service or other business activities.

    Article 26th law firms to engage in or condone, let our lawyers engage in illegal acts provided for in article sixth of this approach, which belongs to the 50th fourth of the lawyers law provides law firms "to denigrate other law firms, lawyers or paying middleman's fees or other improper means to contract business," violations.

    27th under any of the following circumstances, which belongs to the 50th fifth, of the lawyers law provides law firms "violation of provisions of conflicts of interest of" offences:

    (A) assign our lawyers as cases concerning the same plaintiff, defendant's agent, defender of the accused, the victim or the same criminal case agents;

    (B) not complying with the provisions of the conflict of interest review of the matters entrusted to, assignment of counsel also has an interest, or for non-litigious Legal Affairs of the parties to the conflict to act as an agent or provide legal services;

    (C) knowing that our lawyers and their near relatives the same delegate matters of conflicts of interest, the lawyer is assigned to act as an agent, counsel or provide legal services;

    (D) the connivance or allows our lawyers have seventh violations of the provisions of these measures.

    Article 28th of the following circumstances, belongs to the 50th article sixth of the lawyers law provides that lawyers firm "refuse to perform the obligation of legal aid" offences:

    (A) without good reason refused to accept legal aid agency to assign legal aid cases;

    (Ii) after being given the assignment, not required to arrange our lawyers undertaking legal aid cases or refusing to provide conditions for handling legal aid cases and facilitated;

    (C) the connivance or allows our lawyers Nineth violations of the provisions of these measures.

    29th under any of the following circumstances, which belongs to the 50th seventh of the lawyers law provides law firms "to judicial administrative departments to provide false information or if there are other falsifications" offences:

    (A) the judicial administrative organs to implement inspection and supervision work, intentionally concealing the facts, refused to provide materials relating to materials or provide inaccurate, false, or conceal, destroy or falsify evidence;

    (B) participate in the LLP annual examination, evaluation, assessment and excellence of practice activities, provide false, false, false materials or if there are other falsifications;

    (C) in handling law firm of major change, establish branch, Division, merger or termination, liquidation, cancellation process, provide inaccurate, false, forged documents or if there are other falsifications.

    30th under any of the following circumstances, causing serious consequences and adverse effects, which belongs to the 50th article eighth of the lawyers law provides law firms "on our lawyers neglected, causing serious consequences" offences:

    (A) not required to establish a sound internal management system, lax daily, confusion, resulting in law firms cannot operate;

    (B) do not exercise effective supervision in accordance with the regulations on lawyers, or condone, shield or cover up our lawyers engage in activities violating and causing serious consequences;

    (C) condoned or allowed attorneys during the closed period or lawyer was sentenced to stop during practice to continue to practise;

    (D) according to the provisions for annual inspection, test, or been subject to an annual examination was assessed as "not qualified";

    (E) according to the provisions established the labor contract system, the law for lawyers and support staff to handle unemployment, pensions, health care and other social security;

    (Vi) any other violation, resulting in serious consequences.

    The fourth chapter the implementation of administrative punishments

    31st judicial administrative bodies for law violations warnings, fines, confiscation of illegal gains, stop practising penalties, by the lawyers ' locality of the district municipal or downtown (s) administration of justice organs; to revoke a practising certificate punishment, by licensing the lawyer's province, autonomous region, or municipality directly under the administration of justice machinery.

    Judicial administrative organs given to violations of the law firm warnings, fines, confiscation of illegal gains, ordered to stop the punishment from law firm seat of the municipal district or downtown (s) administration of justice organs; revocation of license to practice penalties, license the law firm established by the province, autonomous region, or municipality directly under the administration of justice machinery.

    Article 32nd 47th lawyer with the lawyers ' law, as well as the offences provided for in article fifth to Nineth, warning by the judicial administrative organs, may be fined not more than 5,000 Yuan; has illegally obtained, confiscation of illegal income; the circumstances are serious, stop practising penalties up to three months.

    48th lawyer with the lawyers ' law, as well as the offences provided for in article tenth to 13th, the judicial administrative agencies shall give it a warning, may be fined not more than 10,000 Yuan; has illegally obtained, confiscation of illegal income; the circumstances are serious, stop practising penalties for more than three months to six months.
49th lawyer with the lawyers ' law, as well as the offences provided for in article 14th to 22nd, by the judicial administrative organs ceased to practise penalties for more than six months to one year, and may be fined not more than 50,000 Yuan; has illegally obtained, confiscation of illegal income; the circumstances are serious, his lawyer's practice certificate revoked constitutes a crime, criminal responsibility shall be investigated according to law.

    33rd 50th law firm lawyer act as well as the offences provided for in article 23rd to 30th, given by a judicial administrative organs depending on their circumstances warnings, closed more than a month following six months of punishment, may be fined not more than 100,000 Yuan; has illegally obtained, confiscation of illegal income; the circumstances are especially serious, law firm license revoked.

    34th judicial administrative body for lawyers, law firms, the illegal imposition of administrative penalty, shall be in accordance with the law on administrative punishment, the lawyers law and the Ministry of Justice on administrative penalty procedures and the provisions of these measures.

    35th Attorney, law firm administrative punishments on the judicial administrative organs, enjoyment of the right to be heard, the right to defence, the right to request a hearing; does not accept the decision on administrative penalty, the right to apply for administrative reconsideration or bring an administrative suit because of judicial administrative organs of administrative penalties law damages, shall have the right to file a claim for compensation.

    36th judicial administrative organs to implement the administrative penalty, lawyers, law firms should be illegal facts and evidence for comprehensive, objective, and impartial investigations, to verify and, if necessary, can be examined in accordance with law.

    Investigate violations may require that the investigation of lawyers, law firms, explain the situation, submit the relevant materials related business can access the law firm files and dossiers; to the relevant mainland authorities, individual investigations to verify the situation and collect evidence; evidence may be destroyed or lost or difficult to obtain later, you can register.

    Judicial administrative organs may authorize the next level judicial administrative organs or investigate violations of judicial administrative organs, or assisted in the investigation of the Lawyers Association.

    37th application of administrative penalty, the judicial administrative organs in accordance with the law and the relevant provisions of the measures, according to the lawyers, law firms of violations, the nature, circumstances and extent, in the context of statutory punishment type and the amount of discretion given a specific decision.

    Warning given to lawyers, stopped practicing, lawyer's practice certificate revoked the punishment, of law firm warning, rectification, revoking law firm license penalties and, where appropriate, a fine; has illegally obtained, confiscation of illicit proceeds.

    Article 38th lawyers, law firm has one of the following situations may be given a lighter or mitigated administrative penalty:

    (A) the initiative to eliminate or mitigate harmful consequences for offences;

    (B) the active report, cooperate with the administration of justice agencies investigate and deal with illegal acts;

    (C) coercion by others of violations;

    (D) shall be given a lighter or mitigated punishment according to law.

    Offence minor and correct, causes no harmful consequences, no administrative penalties.

    39th lawyers, law firms of violations of any of the following circumstances, belongs to the illegal circumstances of the lawyers law provides severe or if the circumstances are especially serious, administrative penalties should be legal types and heavier punishment within the range:

    (A) the offence to the parties, third parties or the public interest to cause significant losses;

    (B) the nature, aggravated violations seriously undermines the image of the legal profession, resulting in adverse social effects;

    (C) simultaneously with two or more violations or illegal and a huge amount of money involved;

    (D) the judicial administrative organs to investigate violations committed during refuses to correct or continued violations, refused to submit, conceal, destroy evidence or provide false, falsify evidence;

    (E) shall be given a heavier punishment according to law.

    40th lawyer after warning the warning should be given punishment that took place within a year, ceased to practise should be given punishment for more than three months to one year; by periods have not ceased to practise penalties in full or after the expiry of two years should be given to stop practising penalties, lawyer's practice certificate shall be revoked.

    Law firm was ordered to stop the punishment period age or after the expiry of two years and shall be ordered to stop the punishment, its law firm license shall be revoked.

    41st law firm for violation of law be punished, 50th of the judicial administrative organs shall, in accordance with the law the provisions of the second paragraph of article, on the head as its management responsibility and dereliction of the seriousness, given administrative punishment.

    Law firm was punished for violations committed, should be held directly responsible for both the lawyer's liability shall be subject to appropriate administrative penalties.

    42nd lawyers, law firm's illegal act constitutes a crime, shall be investigated for criminal liability, judicial administrative organs shall transfer the case to the judicial authorities shall be subject to administrative punishment instead of criminal punishment.

    Lawyers practise law constitutes an intentional crime or non-practising constitute intentional offences subject to criminal punishment, the judicial administrative organs of his lawyer's practice certificate shall be revoked; by the criminal penalties for criminal negligence, shall suspend the performance during their sentence or probation lawyers, after the expiration of the sentence may apply for restoration practitioners.

    43rd judicial administrative organs to implement administrative punishments shall be subject to Bureau approval and in accordance with the requirements of the law on administrative punishments administrative punishment decision letter.

    For complicated or serious violations of administrative penalties, the head of the judicial administrative organs should be decided collectively; when decided collectively, Association representatives are invited to attend.

    44th judicial administrative organs to implement administrative punishments, depending on your needs, using appropriate methods, relevant administrative punishment decision of the legal profession to be informed or to society announcements.

    Article 45th penalty lawyers, law firms should be conscious, on time and fully to implement the decision and report to the judicial administrative organs of implementation.

    Judicial administrative organs should be lawyers, law firms, implementation of administrative punishment decision implementation monitoring, identify problems and shall be ordered to correct or to take the appropriate measures.

    Article 46th practising lawyers, law firms, law subject to administrative penalties, violations of party or a third party for damage caused, shall bear civil liability.

    Law firm liability is due to law violations, compensation law firm can contribute to intentional misconduct or gross negligence is recovery from the lawyer.

    47th lawyers ceased practising penalties time limit has not expired, shall not practise institutions apply; stop practising penalties of more than six months, expires during the execution of the penalty of not more than three years, not as a partner.

    Law firm was ordered to stop the punishment period has not expired, shall not decide on the dissolution, shall apply for a name change, and may not apply for separation, merger, and not applying for establishing a branch; the owner, partner and direct responsibility for the law firm was ordered to punish lawyers practise may not apply for a change of body.

    The fifth chapter by-laws 48th article of the law firm-the administrative penalties and violations of the law, by the seat of the judicial administrative organs in accordance with the law and the implementation of the provisions of the present measures.

    Decision shall be sent to establish branch offices of the law firm, and its seat of municipal or downtown (County) judicial administrative organs.

    49th district in these measures, the municipal judicial administrative organs, including regions, States, and cities divided into districts judicial administrative bodies. 50th these measures shall come into force on June 1, 2010. Released on March 19, 2004, the Ministry of Justice of the lawyers and law firms in violation penalties (Ministry of Justice, 86th) repealed simultaneously.