The Limits Of Defense Counsel’s Behavior When A Defendant Recants

When meeting with the person accused,the defense lawyer directly suggests withdrawing a confession or indirectly explains the law,citing similar cases to imply withdrawing a confession,Whether the behavior of destroying or falsifying evidence by the defense lawyer can be convicted and punished is relatively ambiguous in Chinese and foreign legal norms,and it is difficult to obtain a clear answer.At present,the theoretical circle has discussed the legality of defense lawyer’s act around the questions of the preservation and abolition of Article 306 of Criminal Law,true obligation and neutral help act.However,the discussion on the limits of defense lawyers’ behavior when the accused reconfession is not sufficient,which is not conducive to the defense lawyers’ exercise of the right to defense.In order to clarify the legality of defense lawyers’ behavior and better distinguish the difference between teaching defense skills and soliciting reconfession,this paper proposes to type defense lawyers’ behavior when the accused person reconfession,and make corresponding rules for different behavior types,so as to provide the corresponding solution to the controversial issue involved in the behavior type.The clear boundary of defense lawyers’ behavior when the accused person reconfession can not only improve the standard of practicing behavior of defense lawyers,provide behavioral guidance and relief measures for defense lawyers,but also avoid the behavior alienation and the professional risk for defense lawyers.Specifically,this paper will be discussed from the following six parts.The first part is the introduction.First,through the typical cases of lawyer perjury,this paper puts up the question,and introduces the significance of this study.Secondly,the literature review of the relevant norms of defense lawyers’ behaviors is carried out to understand the current research,and the innovation and shortcomings of this paper are put forward on the basis of viewpoint review.Finally,the research methods of this paper are introduced.The second part describes the controversies caused by unclear behaviors of defense lawyers in practice.Firstly,the controversial points of the case are explained through typical cases,and the controversial behaviors of defense lawyers in practice are summarized.Combined with the potential harmfulness of the dispute behavior,the paper explains the necessity of solving the dispute and the urgency of clarifying the boundary of behavior.The third part talks the dilemma of judging the defense lawyer’s behavior when the accused person reconfession.This part contains two aspects: the first level is the concealment of defense lawyers’ behavior,which mainly includes the secrecy of the meeting and communication between defense lawyers and the accused person as well as the alliance between defense lawyers and the accused person.The second level is the ambiguity of the existing legal norms.The fourth part elaborates the theoretical basis of defense lawyer’s behavior boundary setting.First of all,the paper explains the inherent conflict of defense lawyer’s role positioning,and clarifies the obligation of defense lawyer.Secondly,this paper also makes clear the crime standard of neutral help behavior.Finally,this paper puts forward the guiding principles and rules for handling controversial behaviors.The fifth part sets specific rules for the defense lawyer’s behaviors.First,the boundary of the defense lawyer is defined from conversation and behaviors of the defense lawyer.Secondly,this article points out that defense lawyers should not make false statements in court,but they can make false reasoning or defense.Thirdly,the defense lawyer shall take remedial measures when he knows that the accused person made false confession.Fourthly,in order to ensure that the defense lawyer’s defense is within reasonable limits,this paper suggests to perfect the procedure of perjury.In addition,the defense lawyer and the accused person disagree with each other can be used as a reason for the defense lawyer to quit.The sixth part is the conclusion.This paper summarizes research overview and affirms the value of the study of defense lawyers’ behavior limits when the accused person reconfession.However,the study in this paper is still limited and cannot fully summarize the behavior limits of defense lawyers in criminal proceedings.