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On The Protection Of The Suspect 's Rights In Investigation And Interrogation

Posted on:2017-02-25Degree:MasterType:Thesis
Country:ChinaCandidate:S L PanFull Text:PDF
GTID:2206330488496771Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The first stage occurs after the criminal case, investigation procedures as open criminal proceedings, in order to solve the case, the investigating authorities will first lock the suspect as part of the object, and then systematically interrogate suspects.In our country due to legal regulations and judicial tradition, the fight against crime is the most important purpose of the criminal procedure. The suspect’s rights will be in a state of serious imbalance. In the investigation procedure, the investigating authorities particularly keen on the suspect’s confession, in order to obtain confessions, the investigating authorities often impose means other than due process, confessions of time, means and so will exceed the limits permitted by law, due process of law It is ignored.In order to safeguard investigation procedures for the orderly operation and the criminal suspect rights can not be infringed, this paper analyzed from the perspective of the following:The first part briefly introduces the history of the criminal suspects rights.The second part introduces the rights of criminal suspects should enjoy in the interrogation program, on this basis, to explore those rights can easily be infringed; then discuss the significance of the protection of the rights of criminal suspects.The third part introduces the present situation of the suspect protection of human rights and the plight of the reason law enforcement presence.The fourth part is to solve the plight of human rights protection, puts forward some own views. author suggested that in the investigation procedure, the right of action by giving the suspect related, including the right to silence, the right to counsel during interrogation investigation presence rights, as well as improve the existing system, including audio and video recordings, transcripts rules, oversight prosecutors, etc., to resist and avoid the investigating authorities violated the rights of the suspect.
Keywords/Search Tags:criminal procedure, investigative interrogation, criminal suspect, right protection
PDF Full Text Request
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