Right to Counsel during Detention for Duty Crimes in China –A Balanced View of Corruption Combating and Human Rights

Abstract

In accordance with the Supervision Law of China, the duration of detention for the purpose of investigating duty-related offences may extend for a maximum term of six months. In contrast to the provisions of Criminal Procedure Law, it should be noted that individuals who are detained for duty crimes do not possess the right to counsel. The issue of whether suspects should be granted the right to counsel under the Supervision Law, and how to effectively balance the objectives of eliminating corruption and protecting human rights, remains unaddressed. This paper presents the contention that lawyers’ intervention in the process of detention should be permitted, as the obstacles associated with lawyers for the purpose of combating corruption can be addressed, however, the violation of human rights resulting from the absence of such engagement cannot be adequately rectified. Simultaneously, this study posits that right to counsel is not without limitations. The supervisory organs possess the authority to restrict the right to counsel in the four statutory instances, based on persuasive justifications.