Basic principles about law firms

Basic Principles

Given the Conditions of the World People in the Charter of the United Nations, it is not divided into international cooperation in the United Nations Charter, and announces that one of its purposes is to promote international cooperation. Gender, language or religion, enhanced and incentive to respect for human rights and basic freedoms,

given the principle of human equality in the "World Human Rights Declaration", innovation principles, from independent and no bias The Tribunal's rights and public hearing rights and the guarantees necessary for the defense of each accused of criminal crimes,

given further in the "Civil Rights and International Convention on Civil and Rights" The rights announced in the case of relapse in no reason and the right to justice, independent and no bias, the rights of justice and public hearing, the "Economic, Dune and Cultural Rights" "Recalling that countries are obliged to promote universal respect and obligations and freedom of human rights and freedoms,

in view of" Protection of all people who have been detained or imprisoned "," It should have the right to obtain legal counseling assistance, with legal advisory and consultation,

Given the Suggestion of the Prison Treatment Minimum Standard Rules, it should ensure that the trial is not subject to legal assistance and legal counsel. The right to confidentiality,

Given the "safeguard measures for the protection of people who face the death penalty" reaffirmed that every suspected or accused of committing a criminal crime of death can be based on Civil rights and Article 14 Article 14 of the International Convention on Rights Provisions Provisions In the various stages of the lawsuit, appropriate legal assistance,

given the "Basic Principles Declaration" to the Behavior of Crime and Abuse Behavior Declaration "to improve crimes Victims receive the justice and fair treatment, restore principles, compensation and assistance recommendation in international and national levels,

given the full protection of human rights and basic freedoms enjoying everyone. Whether it is economic, social and cultural rights or civil rights and politics / rights, requiring everyone to effectively obtain legal services provided by independent legal professionals,

given by lawyers professional organizations Maintaining professional standards and morality, protecting their members from persecution and unfair restrictions and violations of rights, providing legal services to all needs them, and working with government and other agencies to further promote justice and impartial interests. It is extremely important.

Specific content

The basic principles of the following on the role of lawyers are to assist Member States to promote and ensure that lawyers have developed, governments should be legislated in their own country. Consider and respect these principles within the scope of customs practice, and should be made to pay attention to members of the lawyers, such as judges, inspectors, administrative and legislature, and the average public. These principles should also apply to those who do not have a formal lawyer's identity but exercise lawyer's function.

Lawyers Assistance and Legal Services

1, all people have the right to request a lawyer who chooses to help protect and establish their rights At various stages of criminal proceedings, it defends them.

2, governments should ensure that all people under their territory, they do not add any distinction, such as race, skin tones, nation, gender, language, religion, political or other insights. Discrimination in the original nationality or society, property, birth, economy or other identity, provides fast and effective procedures and mechanisms to obtain lawyers equally effectively.

3, governments should ensure that they need funds and other resources needed to provide legal services to the poor and those who are unfavorable to other situations. Lawyers' professional organizations should cooperate in arrangements and provide services, facilitates and other resources.

4, governments and lawyers' professional organizations should promote relevant programs to enable the public to understand the rights and obligations of law to their rights and obligations and understanding the important role of lawyers to protect their basic freedom. Special attention should be paid to the poor and other unfavorable people to help them protect their rights and ask lawyers when necessary.

Special guarantees in criminal justice

5, governments should ensure that they are quickly informed by the competent authorities, or they have been accused All of the criminal sins, he has the right to assist with one lawyer selected.

6, anyone who has no lawyer has the right to obtain an experienced lawyer assigned to him in the case of judicial needs to get effective legal assistance, if he has no strength Pay the fee for this kind of service, you can pay for it.

7, governments should also ensure that all people arrested or detained, whether they are subject to criminal allegations, should have quickly got a chance to contact a lawyer, no matter what situation is not late More than forty-eight hours from the time of arrest or detention.

8, all people who have been arrested, detained or imprisonment should have sufficient opportunities, time and convenience conditions, no delay, accepting lawyers without having to be eavesdropped, without inspection and complete confidentiality And contact the lawyer. This negotiation can be performed in the range of law enforcement people to see but understand.

Qualifications and training

9, governments, lawyers professional organizations and educational institutions should ensure that lawyers have received appropriate education and training, with ideals and lawyers Moral obligations and the awareness of human rights and basic freedom recognized by domestic law and international law.

10, governments and lawyers professional organizations and educational institutions should ensure that they are not engaged in or continue to engage in employers within the legal profession, not due to their race, skin tones, gender, ethnic origin, religion, politics Or other opinions, national or social origin, property, birth, economy or other status, have any discrimination, but about lawyers must be a national national provision should not be considered as discriminatory.

11, there are some groups, communities or regions to meet the needs of legal services, especially in such groups, traditional or language or such groups. In the case of the victims of discrimination in the past, the governments and lawyers' professional organizations and educational institutions should take special measures to provide opportunities to enable candidates from such groups to enter legal professions and should ensure that they are subject to their group needs. .

Obligations and Responsibilities

12, the lawyer should maintain its honor and dignity as the professional agent of judicial work anytime, anywhere.

13, the lawyer's responsibilities should include:

(a) of the legal rights and obligations of the principal, and related to this right and obligation Within the scope, the operation of the legal system, advised advice;

(b) help the principal with all appropriate methods, and take legal action to protect their interests;

(c ) Give the principal to the client in court, court or administration.

14, lawyers should strive to maintain human rights and basic freedoms recognized by their laws and international law, and at any time according to law and recognized Guidelines and the professional ethics, freedom and diligence of lawyers take action.

15, lawyers should always respect their principal's interests.

to ensure that lawyers perform their duties

16, governments should ensure that lawyers can perform all their duties

(a) Not subject to intimidation, hindrance or improper interference;

(b) can consult with its clients and freely travel in China;

(c) will not It is subject to prosecution or administration, economy or other sanctions in accordance with any actions taken by recognized professional responsibilities, guidelines and ethics.

17, the lawyer should be adequately guaranteed by the authorities when he is subject to the threat due to the performance of its responsibilities.

18 must not be equivalent to the litigation of its principal or principal due to the lawyer to fulfill its committees or principal.

19, any court or administrative authority confirmed by lawyers must not refuse to recognize that a qualified lawyer represents its principal, unless in accordance with national laws and practices and according to the above Basic principles, the lawyer has been disqualified.

20, the lawyer's related speech published by its written or oral defense appeared as a responsibilities in a court, court or other law or administrative, and should enjoy civil and Criminal immunity.

21, the competent authority is obliged to ensure that lawyers can have sufficient time to review the relevant data, files and documents of the authorities, in order to make lawyers to provide effective legal assistance to their clients, should be late This opportunity is provided in an appropriate time.

22, governments should confirm that all contacts and consultations between lawyers and their clients in their professional relationships are confidential.

Speech and association free

23, like other citizens, lawyers also enjoy freedom of speech, beliefs, associations and rally.

, in particular, they should have the right to participate in public discussions on issues such as laws, judicial and promotion and protection of human rights, and have the right to join or raise groups, nationwide or international organizations and attending these organizations. The meeting is not subject to professional restrictions due to their legal behavior or members of a legal organization.

The lawyer should always follow the legal and recognized guidelines and act in accordance with the professional ethics of lawyers.

Professional organization of lawyers

24, lawyers should have the right to establish and participate in the professional organizations managed by themselves to represent their own interests, and promote their constant Education and training and protect their careers. Professional organization's actuators should be produced by their members and should exercise their responsibilities without being subject to external interference.

25, the professional organization of lawyers should work with the government to ensure that everyone can effectively and peaceful, and ensure that lawyers can follow legal and recognized career standards without unrealing interference. Morality provides advice to their parties to help their clients.

Discipline Litigation

26, should be through its legal profession through its relevant agencies or via national laws and habits, and recognized international standards and guidelines, Develop a Code of Conduct of Lawyers.

27, the allegations or complaints proposed by the in-service lawyer are quickly and fair. Lawyers should have the right to fair trial, including the right to receive assistance from a lawyer who chooses.

28, disciplinary procedures for law fists should submit a Justice and Selfless Discipline Committee established by the legal community or submit an independent statutory authority or court handling, and accept independent judicial reviews.

29, all disciplinary procedures shall be judged in accordance with professional code of conduct and other recognized guidelines and lawyers to conduct judgments in accordance with the basic principles.