Lawyers To Defend The Investigation Stage

The "criminal procedure law" of our country in1996advanced the time of lawyer getting involved in criminal suit to the investigation, this is definitely an improvement. However, the identity of the lawyer at this stage is just a "helper", and he cannot enjoy the right to defend, it’s led to the lawyer’s function is difficult to play. The amendment of criminal procedural law of this time, legislation in the country on the identity of the lawyer in order to "advocate" investigation phase, and defense lawyers related rights, perfecting his lawsuit function.The lawyer’s right to defend in the investigation stage is point to in investigation stage of criminal proceedings, lawyers can accepts the commission of the criminal suspect, intervention with counsel, to carry out a series of defense work what can be carried out in investigation phase. Lawyer exercise the defendant fully at this stage can protect the legitimate rights effectively; also can supervise the behavior of the investigation organ. But by the history, traditional culture and the influence of public opinion, lawyers right to defend in the investigation stage have some characteristic:the incomplete rights, restricted by larger and the effect is poor. The criminal procedure law of the People’s Republic of China in2013had done some amend and perfection on the meeting, legal aid, listen to the lawyer’s opinion, but it is still not enough to give full play to the role of the lawyer safeguard the accused person’s right.Through international treaties and national laws and foreign judicial practice, our country should improve the lawyers right to defend in the investigation phase through the following aspects:first is clear right of lawyer’s present, second is to establish a special lawyer’s meeting, three is establish a system of pre-trial judge, four is to broaden the lawyers met with the restrictive cases, five is to give lawyers the right to marking in the investigation stage, six is give the right of investigation and application investigation to lawyer, seven is the defenders responsibilities shall be affixed to standardize the procedures.