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Lawyer Presence Right At Interrogation

Posted on:2011-02-06Degree:MasterType:Thesis
Country:ChinaCandidate:J ChenFull Text:PDF
Abstract/Summary:PDF Full Text Request
As we say "the right of lawyer’s presence", which means when the criminal suspects are interrogated by the police, lawyers have the right to be present. In theories, the right of lawyer’s presence is very important to the principle of presumption of innocence and the theory of defense balance; and in practical, the right of lawyer’s presence is also meaningful:it can be used to eliminate torture or other illegal interrogation behaviors, also, it can make the criminal procedure running smoothly, and save the criminal justice which is less credibility.On study of the right of lawyer’s presence abroad, despite the presence right in common law is more complete than the civil law in general, in fact, it does not work smoothly as what we see from book. The right of lawyer’s presence is closely bound up with a developed legal aid system. Combining the overseas experience with specific conditions, I did some studying about some key issues on the building process of the presence right.In my opinion, the presence right can be used to the non-current cases and external factors involved cases, when the criminal suspects be interrogated before the custody. The lawyers should have some "limited" and "real" presence rights:which is different from the form type, the lawyers can talk to the criminal suspects, but they have many restrain in contents. In this process, suspects, lawyers and police shall act in a certain procedures.The right of lawyer’s presence will encounter a series of problems when it runs. In my opinion, there are two barriers:The first is the financial Issues. The funds is serious shortage for legal aid, which should be broadened by many ways. The second is the inadequate of lawyers, which can be enlarged by finding other people who is acquainted with the law, or improve the status and income of the legal-aid-lawyer. In this way, more and more people will devote to the legal-aid.
Keywords/Search Tags:The right of lawyer’s presence, Illegal interrogation, Credibility, Financial issues, The sources of lawyers
PDF Full Text Request
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