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The Investigation Stage Meeting With A Lawyer The Right To Exercise The Investigation Report

Posted on:2015-06-06Degree:MasterType:Thesis
Country:ChinaCandidate:X B MengFull Text:PDF
GTID:2296330467465327Subject:Criminal procedure law
Abstract/Summary:PDF Full Text Request
In criminal proceedings, due to various reasons, the legitimate rights of criminalsuspects are not well protected, especially in the investigation stage, therefore, it needs to takemeasures to effectively protect the parties. To exercise the right of lawyers in the investigationstage for the suspect is a very effective rights protection measures, it can provide more helpfor the criminal suspect. The lawyer to intervene at this stage, you can learn about the crimesuspected of cases and suspects on charges, listen to the opinions and excuse, and so on,whichcan better for legal assistance. In addition, defense lawyers to intervene at this stage toexercise the right to control, power of investigation, safeguard the legitimate rights ofcriminal suspects, protect the normal function of lawyer defense exercise, to realize the aim ofcriminal procedure plays a very important role.March2012adopted a new revised "Code of Criminal Procedure," on the right ofdefense counsel in matters related to the investigation stage was revised regulations,especially right lawyer to strengthen and become one of the highlight of this modification.But we found in this newly revised Criminal Procedure Code there are still some deficiencies,and the phenomenon of practice and theory out of line, in judicial practice, lawyers in theinvestigation stage timely and successfully met the right exercise is still more difficult.In this paper, the case J City, for example, met with lawyers to exercise the right to bediscussed at the investigation stage, the body is divided into three parts.The first part introduces the new Criminal Procedure Law was promulgated since, J cityattorney to exercise the right to meet with the overall situation in the investigation stage, tounderstand practice lawyers to exercise the right to litigate the case, what are thecharacteristics.The second part is mainly discussed in practice, lawyers met with the exercise of theright of existence of some problems in the investigation stage, including a timely manner willnot see the suspect met with limited time and frequency of communication with investigatorsis not smooth, and so on, and then analyze the reasons for these problems, including bothsubjective and objective, For further improvement of relevant laws and regulations to prepare.The third part is made to exercise the right to meet with a lawyer to further improve theinvestigation stage. Including improved sound legislative and institutional, including theimprovement of legislation on the rights of defendants clearly been met, perfect right lawyer relief system; improve institutional custody, including regulatory system reform, theestablishment of the judicial review system, improving incentives, appraisal system. Also,changing the concept of investigators, investigators and lawyers to improve the quality.
Keywords/Search Tags:Lawyer, Meeting right, Investigation stage, Criminal proceedings
PDF Full Text Request
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