Analysis Of Relations Between Investigation Organs And The Defenders In Crimes By Taking Advantage Of Duty From A Perspective Of New Criminal Procedure Law

On January1st,2013, the New Criminal Procedure Law comes into effect. Oneof the highlights of this modification is that involvement of lawyer as defender intocriminal lawsuit is brought forward to investigation phase, which puts an emphasison protection of the criminal suspect’s human right. Along with this are plenty ofsupplements and modification of the lawyer’s defense right in investigation phase aswell as the power allocation of investigation organs. As a special kind of criminalcases, the investigation of crime by taking advantage of duty adopts a relativelyclosed way, and the extent to which lawyers are involved in investigation is muchlower compared with other common criminal cases. It can be said that, for a longtime, the investigation phase of crime by taking advantage of duty is dominated byinvestigation organs while lawyers only execute the duty to defend. However, theprevious law didn’t give a clear definition for the role of lawyer, which results inlong-term unbalance between investigation and defense. Ambiguous role of thedefender makes it hard to defend against the investigation organs, which results infailure in effectively guaranteeing the criminal suspect’s human rights. Themodification has a huge influence on relations between investigation organs and thedefenders in crimes by taking advantage of duty, which is the main topic to bediscussed in this paper.