Demand for corruption consultations is growing in China — South China Morning Post
In China, entrepreneurs, civil servants and their relatives are increasingly turning to lawyers for advice on what to do in the event of anti-corruption investigations. Beijing lawyer Zhang Dongdong, a partner at the Beijing Han Heng law firm, began advertising consultations on responding to crisis situations related to bribery and corruption last month.
As the South China Morning Post reports, some clients learn about a possible investigation in advance, while others receive calls from disciplinary inspectors asking for cooperation. In most cases, Zhang said, people seek lawyers only after suspects have been detained by disciplinary authorities. Clients often do not disclose all the circumstances of a case or say they are supposedly seeking advice for acquaintances.
Campaign intensification
In April, the Supreme People's Court of the PRC and the Supreme People's Procuratorate simplified bringing corruption suspects to criminal liability. According to the publication's analysis, supervisory bodies punished 983,000 people last year, while the number of senior officials subjected to anti-corruption measures was three times higher than in 2013.
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Zhang Dongdong said that common reactions to an anti-corruption investigation include attempts to flee or complete denial of the accusations. His team, the lawyer said, advises on submitting evidence, preserving assets, possibilities for mitigating punishment, and distinguishing between criminally punishable actions and those that do not constitute a crime.
Access to lawyers
According to Zhang, after detention by disciplinary authorities, suspects are usually unable to communicate with their lawyers. Such detention generally lasts three or six months and, under special circumstances, can last up to 14 months.
Another Beijing criminal defence lawyer, who wished to remain anonymous, described the system of such investigations as opaque. Legal expert Zhang Qingfang believes that the most important thing is to obtain legal advice before disciplinary detention, as defence options are limited afterwards. He also noted that legal advice may be important if law enforcement agencies make unlawful demands of relatives. Lawyer Zhang Zhiyong advised family members to document the scope of searches and the list of seized property, and not to agree to unlawful demands, including those concerning false confessions.
