Protect Rights of Defendants

Protect lawful rights of defendants  

By Wu Huaiting

Zhao Changqing, Zhou Litai and other lawyers defending those suspected of involvement in Chongqing's organized crime are being condemned by netizens as "evil advisors for organized crime," the Beijing Times reported Monday.

The public's rage toward Chongqing's organized crime is understandable, but it is not wise to take it out on the lawyers. After all, they are just doing their jobs and serving the lawful rights of the defendants. Unless they break the law to save their clients from punishment, they should not be put on the hot seat.

Hostility toward legal professionals is a widespread phenomenon in many parts of the world. Especially in China, many people cannot comprehend the idea of having lawyers working for those who have committed crimes. These lawyers are often branded criminal accomplices. The infamy associated with the job, particularly in criminal cases, often deters Chinese lawyers from providing legal assistance to the suspects.

However, defendants' right to a lawyer is stipulated in China's Criminal Law. No matter how bad a person might be and how serious a crime he or she may have committed, the defendant is only a suspect before the court makes a formal ruling. They should enjoy the benefits of legal help as normal citizens.

Moreover, in many criminal charges, at stake are often years in prison for the defendants or even their very lives. These are things that cannot be fully compensated for or recovered if an erroneous ruling is made.

Though public prosecutors may try their best to collect evidence and ensure the justness of the prosecution, there is still the possibility of neglect or mistakes. Most defendants don't have the legal training to defend themselves effectively.

Giving them access to professional legal assistance then is a way to ensure their voices get heard in court and to reduce the chance of wrong sentences by providing the judge with all sides of the story. It is a humane precaution provided for by China's legal system and should be viewed as a sign of progress.

To direct the hatred of crime toward defending lawyers in criminal cases, therefore, may do more harm than good. The lawyers are just following the law and offering legal help to those in need. There should not be social stigma attached to their work.

Those who dare to accept these kinds of cases should be applauded for their courage to do the job despite public pressure. This demonstrates their professional ethics.

More importantly, public anger may influence the outcome of a ruling if not appropriately checked and directed.

Though public opinion often represents the true feelings of the people, such opinions may be based on limited or biased information and should not serve as the foundation of legal judgment. The unnecessary attention and pressure on lawyers will become noise in the trial process and hinder the prosecution of the cases.

After all, the country should be governed by law, not emotions and personal feelings.