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Right In Forensics Investigation Defense Counsel

Posted on:2017-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:A G ZhaoFull Text:PDF
GTID:2296330485956143Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Evidence information in criminal proceedings in accordance with the law, the relevant units and individuals, witnesses and parties to the investigation, information was collected facts, and get with the case can be offset by cuts to the prosecution allegations and proof of the merits of the facts and procedures the right to participate in the title or if necessary the investigating authorities investigate the facts rights activities, but also the transfer of state organs or request in favor of the suspect, the rights of the accused is the evidence the defense counsel in the investigation right righteousness. “People’s Republic of China Lawyers”(Hereinafter referred to as “Lawyers ’Law”) and “People’s Republic of China Criminal Justice Law”(Hereinafter referred to as “Law of criminal Justice”) defense lawyers have the right to conduct further investigation of the detailed provisions, Although this defense counsel investigation and evidence collection right to a certain extent be improved, but these two laws still exist a variety of problems, where applicable, subject to some limitations, in practice, the relevant authorities and individuals still impede defense lawyer exercise of the right to investigate and collect evidence, so in practice the right to defense counsel investigation and evidence collection in many ways is still in an awkward position.This article body by defense counsel investigation and evidence collection and value of the right to study, to further understand as a fundamental right a criminal suspect or defendant’s content, to strengthen the right to defense counsel’s investigation is suspected offender, the most direct and effective protection of the legal interests of the accused. Through analysis of the substantive rights of the defense counsel investigation and evidence collection, we understand that the use of this right in practice is still subject to many restrictions and the legislation and also not perfect, and the lack of relief law. Therefore, the authors hope to further strengthen defense lawyer Investigation Power practice run among the practical operation, to further strengthen the prosecution and the defense against equality, promoting justice, equity and justice, protection of human rights.
Keywords/Search Tags:Defense counsel, Investigation Power, Measures to improve
PDF Full Text Request
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