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A Study On Crime Prevention Of Lawyer Perjury In Duty Crime Investigaton

Posted on:2015-01-01Degree:MasterType:Thesis
Country:ChinaCandidate:G Y LiuFull Text:PDF
GTID:2266330428472201Subject:Law
Abstract/Summary:PDF Full Text Request
Admittedly, the right to counsel has positive implications, in criminal proceedings is also essential, but at the same time the negative impact is more difficult crimes investigation, taking into account the expanded rights lawyers are likely to be abused, is bound to bring some crimes investigation negative impact. Crimes Investigation criminal investigation of corruption in particular, some of the defense lawyers for the pursuit of results, or for the realization of its commitment to clients, or to earn high returns, abuse of rights "defend freedom", the instigation lure suspects retracted, or forged, destroyed or falsified help destroy evidence or witnesses to change their testimony to lure the threat or provide false testimony, causing the real criminals go unpunished, and the rights of victims can not be protected by law, or "scapegoat" wrongfully imprisoned severely affected by these consequences, interfere with the prosecution of the investigation order, trample the dignity of law, corruption legal authority to combat public confidence and trust in the law, the rule of law hinder social construct. How to prevent and detect crimes investigation lawyers in perjury prosecution need to be resolved to become a major problem.This article from the legislative background of perjury lawyers, judicial status and its influence on the investigation of crimes, lawyers perjury prevention, detection aspects lawyer perjury were discussed. This article on the introduction and I, the three chapters elaborate on this topic.The first chapter describes the background and current situation of the legislative counsel and the impact on perjury investigation of crimes. Is divided into three parts:First, the legislative counsel perjury background; Second, the status of lawyers perjury; Third, the impact of the crimes lawyer perjury investigation work.The second chapter describes the investigation in how to prevent crimes defense lawyer perjury. The main countermeasures are:first, the well-organized preliminary investigation; Second, changes in investigative mode; Third, timely filed after the preliminary investigation, make full use of investigative techniques, technical investigation to take measures when necessary; Fourth, strengthen the prosecution and the relevant departments contact a lawyer to supervise the practice of law; fifth, the emphasis placed on file for the first time a comprehensive examination, defense counsel invited the sidelines throughout the interrogation process and signed and issued legal advice; sixth, an opinion before the conclusion of the investigation lawyer.The third chapter is perfect for lawyers explained perjury investigation procedure. The main aspects:first, the investigation body of the public security organs, and is at the same level public security organs; Second, review the transfer system; Third, standardized filing system; Fourth, improve the notification system; fifth, replace defender system; sixth after the establishment of the investigation process. Another position in the investigation and prosecution procedures made specifically addressed. Keyword:Lawyers perjury; Crimes Investigation; prevention; investigation procedure...
Keywords/Search Tags:Procuratorjal organs, The duty crime investigation, The lawyer perjury, Preverntion
PDF Full Text Request
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