Attorneys' Right In Criminal Detection Behavior

In Criminal detection behavior attorneys'right on the scene is refers to when the detectives carry on each kind of detection behavior, the suspect is authorized to request attorney to arrive, attorney according to litigant's request or to defend litigant's legitimate rights and interests, thought that has the essential appearance, is authorized to arrive for the litigant to provide the legal service or investigates the behavior to be carried on legitimately. Prevalence of torture in the Criminal Investigation behavior, random searches, arbitrary detention, loss of evidence and other problems, the presence of attorneys is necessary to introduce the right systems, the presence of attorneys can effectively contain torture, standard investigative procedures, the preservation of evidence, in this way to protect human rights and prevent of Miscarriages of justice .Academic research on the presence of a attorney is mostly limited to questioning the right time, but since it has developed to now, its applicable scope has expanded to the inquest, inspection, search, seizure, identification, and other acts of criminal investigationThe presence of extra-territorial law depends on its complete realization of the right safeguards. Based on foreign experience, combined with China's national condition about the right of the attorneys'on the scene, it should be as much as possible to set clear and detailed procedures. In order to reduce the resistance from the investigating authorities, you can take the form of attorneys'right on the scene in the interrogation. However, to prevent the attorneys'right on the scene to be overhead by the investigators, there should give lawyers the right to dissent and sign for confirmation, and if lacks of signature confirmation, the proof will lack of demonstrate power, all acts as security to the attorneys'right on scene in the criminal investigation to be reality.