Immunity From Criminal Defense Lawyers On The Problems And Improve

The criminal counsel's function lies in striving for the right for suspect, defendant, assisted the function of pleading exercised by the accuser, the ones that impelled in the lawsuit course accused of debating the relation and realizing the equilibrium, ensure the suspect, defendant to get just treating. Lawyer plead function in fulfillment of it, will inevitable all deny the prosecutor's accusation by part, conflict with prosecutor, even will be prosecuted instead, this just means, the lawyer, when in order to realize the justice, ensure human rights to make an effort, may undertake the enormous risk at the same time. So give lawyer to be criminal to plead immunity is for ensure it plead right can give play to kindly and fully, not only can safeguard party's legitimate rights and interests reduce lawyer's operation risk more effectively more effectively, but also can. A lot of countries in the world plead to exempt from acting temporarily as relevant regulations to the lawyer criminally, our country has stipulated the court speech immunity of the lawyer of our country in the new " law of advocate " clearly, but not complete, and lack the corresponding right and relieve the procedure, make the right perform practically no function. In the judicial practice, the case that lawyers are prosecuted because of fulfilling the duty of pleading takes place repeatedly; the Li's case that will take place in 2009 has aroused the attention from various circles of society especially. This text combine administration of justice practice, to of our country lawyer being criminal to plead immunity store current situation in analyze, have explained the reason why this current situation exists, and pleaded to the lawyer criminally the completion question of the immunity carried on the discussion.This text introduce Li's case at first, in term of practicing in administration of justice, know lawyer this job legal protection itself obtain little, the regulation of article 306 of " criminal law " brings its greater operation risk again, has attacked lawyer's enthusiasm for participating in criminal suit, how right to ensure counsel become to be solved problem urgently, counsel criminal to plead proposition of immunity for solve this problem turn on the new direction. Later, this part pleaded to the lawyer criminally some basic theories of the immunity were explained.Secondly, pleaded to the lawyer of our country criminally some current situations of the immunity did the introduction, point out clearly our country is before issuing the new " law of advocate " on June 1,2008, the original regulation has not made stipulations to the immunity of pleading criminally, the new " law of advocate " has remedied this blank. However, the immunity is not complete that the fixed lawyer of the new "law of advocate" pleads criminally, have pointed out the place not complete. Prove our country criminal to plead immunity be lacked relatively in lawyer. Later, carried on the discussion on the reason of lacking.Finally, recommend of our country lawyer criminal to plead completion of immunity, of our country lawyer criminal to plead immunity lack the reason to second part, have proposed improving the measure from values, legal provisions, discipline system and relief route propose improving the measure.