Research On The Lawyer Rights In Investigation Procedure

In the current Code of Criminal Procedure, it neither explicitly a lawyerinvolved in the identity of the investigative procedures in the investigationprocedure,did not confer lawyers the right,as well as the exercise of these rightsprotection mechanism. The revised draft of the Code of Criminal Procedure which isjust adopted determines the identity of the legal defender,while it not only improvesthe rights of the meeting and others related to rights of the meeting which the lawyersenjoy,but also establish the system to protect the exercise of these rights.The reviseddraft has its own problems, which neither give the lawyers the presence of theright,dose not determine the right to investigate and collect evidence in theinvestigation procedure. In the investigation procedure, it gives to lawyers the rightand protect their ability to exercise to these rights, which matters what is againstcrime and protect human rights. In the investigation procedure,employed lawyerscan play in his own defense functions and increase the ability of the defend of thesuspect to protect his own right. Participation of lawyers can be used as anexternal oversight mechanism to supervise the powerful investigative organs of theinvestigation behavior in order to achieve the balance of the prosecution and thedefense forces and procedural justice.