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SFT0086-2020: (Rules for peer assessment of the quality of criminal legal aid cases)
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(Rules for peer assessment of the quality of criminal legal aid cases)
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SF/T 0086-2020
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Basic data | Standard ID | SF/T 0086-2020 (SF/T0086-2020) | | Description (Translated English) | (Rules for peer assessment of the quality of criminal legal aid cases) | | Sector / Industry | Chinese Industry Standard (Recommended) | | Classification of Chinese Standard | A16 | | Word Count Estimation | 14,193 | | Date of Issue | 2020-12-30 | | Date of Implementation | 2020-12-30 | | Regulation (derived from) | Announcement of the Ministry of Justice (2020.12.30) | | Issuing agency(ies) | Ministry of Justice of the People's Republic of China | SFT0086-2020: (Rules for peer assessment of the quality of criminal legal aid cases)---This is a DRAFT version for illustration, not a final translation. Full copy of true-PDF in English version (including equations, symbols, images, flow-chart, tables, and figures etc.) will be manually/carefully translated upon your order.
Rules of criminal legal aid case quality peer review
The People's Republic of China Judicial Administration Industry Standard
Rules for peer assessment of the quality of criminal legal aid cases
2020-12-30 release
2020-12-30 implementation
Issued by the Ministry of Justice of the People's Republic of China
1 Scope...1
2 Normative references...1
3 Terms and definitions...1
4 Evaluation method...2
5 Evaluation Index System...2
6 Evaluation Rules...5
7 Evaluation results...8
8 Case quality improvement...8
Appendix A (Informative) Assessment Results Summary Table...9
References...10
Foreword
This document is in accordance with the provisions of GB/T 1.1-2020 "Guidelines for Standardization Work Part 1.Structure and Drafting Rules of Standardization Documents"
Drafting.
This document was submitted by the Legal Aid Center of the Ministry of Justice.
This document is under the jurisdiction of the Information Center of the Ministry of Justice.
Drafting organizations of this document. Legal Aid Center of the Ministry of Justice, Information Center of the Ministry of Justice
The main drafters of this document. Hu Zhanshan, Wang Jinlian, Qian Zhiping, Liu Ying, Wang Shuliang, Li Yunhong, Zhang Renli, Liu Zhiyong, Chen Jiarong,
Zhu Changhuan, Kong Chao, Pan Hong, Peng Lihong, Zhu Rui, Lu Chun.
Rules for peer assessment of the quality of criminal legal aid cases
1 Scope
This document stipulates the evaluation methods, evaluation index system, evaluation rules, evaluation results, and evaluation results of the peer evaluation of the quality of criminal legal aid cases.
Case quality improvement requirements.
This document is applicable to the judicial administrative departments and the legal aid agencies established by them to organize and carry out qualitative investigations on criminal legal aid cases that have been concluded.
Assessment work.
2 Normative references
The contents of the following documents constitute the indispensable clauses of this document through normative references in the text. Among them, dated reference documents,
Only the version corresponding to that date is applicable to this document; for undated references, the latest version (including all amendments) is applicable to this document
file.
SF/T 0032-2019 National Criminal Legal Aid Service Specification
Sifatong [2013] No. 34 Notice of the Ministry of Justice on Printing and Distributing the "Legal Aid Document Format"
3 Terms and definitions
The following terms and definitions defined in SF/T 0032-2019 apply to this document.
3.1
Criminal legal aid case
The legal aid agency assigns or arranges to handle cases where lawyers (3.4) provide criminal defense and criminal representation.
3.2
Peer review
The judicial administrative department and the legal aid institution established by it organize peer evaluators (3.3) by lawyers to provide legal aid cases
Quality evaluation activities.
[Source. SF/T 0085-2020, 3.2]
3.3
Peer reviewer
With experience in handling legal aid cases and more than 10 years of legal practice experience in related fields, the judicial administrative department and its established legal aid
Assist institutions to select and hire lawyers who have passed training and assessment and participate in the quality assessment of legal aid cases in their independent capacity.
[Source. SF/T 0085-2020, 3.3]
3.4
Criminal legal aid laywer
Practicing lawyers and full-time lawyers of legal aid organizations who provide criminal legal aid services in accordance with the designation or arrangement of legal aid organizations.
Note. The criminal legal aid undertaking lawyer in this document is referred to as "undertaking lawyer" for short.
[Source. SF/T 0032-2019, 3.4, with modification]
4 Evaluation method
4.1 Preliminary evaluation. The peer evaluators shall review the case file materials and analyze the case under evaluation, in accordance with the requirements and regulations of 6.1 and 6.2.
Determine the evaluation results of the first-level indicators and the grade of the case.
4.2 Re-evaluation. Peer evaluators shall conduct a preliminary evaluation of all cases being evaluated. Organize re-evaluation of cases that failed the initial evaluation, and still not respond to the re-evaluation.
For qualified cases, the lawyer and the legal aid agency assigned the case should be notified in a timely manner.
4.3 Review of objections. If the undertaking lawyer disagrees with the evaluation result, it shall submit a written objection application to the department that organizes the evaluation within the specified time limit.
Please and relevant evidence. The department that organizes the evaluation shall organize the objection review on the written objection application and the file of the case involved. Late submission
A written objection application shall be deemed as no objection.
4.4 If the peer evaluators who participated in the preliminary evaluation, re-evaluation and objection review have an interest in the case under evaluation and may affect the evaluation
The positive ones should be avoided.
5 Evaluation index system
The evaluation object of the peer evaluation of the quality of criminal legal aid cases is criminal legal aid cases, and the evaluation index system includes 8 first-level indicators
And 19 secondary indicators.
See Table 1 for first-level indicators, second-level indicators, as well as indicator requirements and related descriptions.
a) Provide legal advice;
a) Listen to (suspects, defendants) statements and defenses;
b) Provide legal assistance;
c) Verify the contradictions and doubts between the facts of the case and the relevant evidence materials, and verify
Whether there is illegal evidence collection such as torture to extract a confession;
d) Seek defense opinions;
e) Inform the litigation procedures, litigation rights and obligations, risks and matters that should be paid attention to
The transcript of the interview should accurately and completely reflect the time, place and content of the interview, and be interviewed
The signature or stamp of the person confirms that it is correct. If the recipient is unable to read, he should read the pen to him
Record and specify in the transcript
2 Timely and effective way of scoring files should be reviewed, extracted, and copied to the people’s procuratorate, people’s court, etc. in time
Materials, and make scoring records or evidence catalogs and other scoring materials attached to the file
3 Investigate and collect evidence in accordance with the law
Check for evidence
Investigation and evidence collection should be conducted according to the circumstances of the case, and if necessary, apply to the People’s Procuratorate,
The people’s court collects and retrieves relevant evidence, and applies to the people’s court to notify the witness to appear in court
Approval, application of appraiser to testify in court, application for re-appraisal or inquest, etc.
Evidence collection and sorting include but not limited to the following.
a) Collect witness testimony and make investigation transcripts. The investigation transcripts should contain
The name of the investigator, the person under investigation, and the recorder, the time and place of the investigation,
The identity information of the person under investigation, the requirement of the witness to testify truthfully, and false testimony
Or the explanation of the legal responsibility for concealing criminal evidence and the matter under investigation
And the content of the investigation, etc., and after being checked by the person under investigation,
Sign page by page and sign the correct comments on the last page;
b) When collecting other evidence materials, they should ensure that they are true, complete, and accurate, and note that
The source and the question to be proved
The use of evidence includes but is not limited to the following.
a) Collect relevant suspects who are not at the scene of the crime and have not reached criminal responsibility
Age, evidence of a mental patient who is not liable for criminal responsibility in accordance with the law, should be
Inform the public security organs and people's procuratorates in time;
b) It is believed that the evidence proving the defendant’s innocence or minor guilt has not been moved with the case
If it is sent, there should be a written application for the people’s procuratorate or the people’s court
Please, and can provide relevant clues or materials
4 Effective submission of legal opinions. The submission of written legal opinions shall be accompanied by a copy of the written legal opinions, and the originals of the written legal opinions shall be submitted to the
Submitted by the case agency.
a) In the investigation stage, a written submission shall be submitted to the investigating agency before the end of the investigation of the case
opinion;
b) In the review and prosecution stage, a written opinion will be provided before the expiration of the review and prosecution period
Sent to the People's Procuratorate;
c) At the trial stage, submit a written opinion to the people’s court after the trial is over
See, if there is no court hearing, ten days from the date of receiving the court’s notice of no court hearing
Submit written opinions to the court within days
The legal opinions proposed in the legal opinions should be analyzed and discussed from the aspects of facts, evidence and laws.
certificate.
a) If you believe that there is illegal evidence, you should submit corresponding evidence clues and propose exclusions
Opinions on illegal evidence;
b) According to the situation of the case, act as an agent for appeals and accusations, apply for changes or release
It is recommended that the case-handling agency make a decision not to approve an arrest or a decision not to prosecute,
Apply for a review of the necessity of detention;
c) Propose that the suspect or defendant is not guilty,
Defense opinions such as minor crimes or mitigation or exemption of criminal responsibility;
d) When handling criminal agency cases, publish the agency based on the facts of the case and the law
opinion
6 Fully fulfill the obligation to notify the first meeting and notify the obligation to notify the first meeting. The content of the notification includes but is not limited to.
a) Legal aid is a free legal service;
b) The status of the undertaking lawyer;
c) Ask the recipient whether he agrees to the lawyer who will defend him and record it in the case,
If the recipient disagrees with the lawyer who is in charge of his defense, he shall inform the appointment in writing
Legal aid agency
During the handling of the case, it is informed that in the process of handling the case, consultation and legal opinions should be provided to the recipient in a timely manner.
Fulfill the obligation of notification in case handling, including but not limited to.
a) Inform the recipient of the case handling situation in a timely manner, and in the legal aid case
Office situation report/report record (in accordance with the requirements of Sifatong [2013] No. 34)
Have records in;
b) If the criminal suspect pleads guilty and punished, promptly inform the criminal suspect of the
Laws and regulations on various litigation rights and confession of guilt and punishment
7 Four types of major, difficult and complicated cases of fulfilling reporting obligations
Reporting obligations
If the case belongs to any of the following four types of cases, it should be reported to a law firm.
Ask the group to discuss and study the defense opinions, and report to the legal aid agency in a timely manner.
It is also recorded in the notification/report record of the handling of legal aid cases.
a) Identification of main evidence or facts of the case, application of law, crime and non-crime, etc.
There are major doubts;
b) Involving mass incidents;
c) Have significant social impact;
d) Other difficult and complicated cases
...
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