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Analysis Our Country Criminal Suspects’ Right To Know

Posted on:2013-07-12Degree:MasterType:Thesis
Country:ChinaCandidate:X G JiFull Text:PDF
GTID:2296330362963929Subject:Law
Abstract/Summary:PDF Full Text Request
The suspect ’s right to know is the criminal suspect shall have an important lawsuit rightof criminal procedure, is the realization of other procedural rights based, it suspects litigationright protection has the extremely vital role. In the legislation of many countries and the UNConvention on the rights of the criminal suspect has made corresponding regulations. In thisthesis the author expounds to criminal suspects the right to know the meaning, origin andlegal value; on the international judicial criterion and the suspects right to know theregulations were introduced; on our country’s legislation and judicial interpretation relatedcontent carries on the analysis, pointed out our country criminal suspects ’ right to know andthe international judicial system general guidelines deficiencies; combining our country’slegislation practice, the international general rules based on, to consummates our countrycriminal suspects ’ right system to put forward own ideas. Our country criminal suspects ’right system should be composed of three parts, one is the investigative organs of criminalsuspects ’ informing obligation; two crime suspect evidence material to notice; three of thecriminal suspect ’s right to know the procedure guarantee. The author thinks that should adoptlegislation investigation and the stage of review and prosecution investigative organs ofcriminal suspects ’ informing obligation; through legislation to expand the scope and give thelawyer lawyers in reading for suspect more free exchange of rights, namely throughstrengthening lawyers right markers to ensure that criminal suspects by defense lawyers toobtain evidence informed right, in addition to protect suspects on evidence informed can alsopass legislation setting the stage of review and prosecution evidence discovery procedure. Thelast safeguard rights smooth and efficient implementation of the above, it must be through theestablishment of procedural sanction mechanism of criminal suspects ’ right to be protected.First of all, from in the pretrial procedure of informed right is infringed upon the defendantfiled applications to start the procedural sanction; secondly, by the judge as a proceduralsanction mechanism of the main body of the application are reviewed; finally, if detectiveagency action is indeed violated criminal suspects the right to learn the truth to take illegal evidence exclusion and other procedural sanction measures.
Keywords/Search Tags:criminal suspect, the right to know, obligation to inform, the discovery of evidence
PDF Full Text Request
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