On The Problem Of Verifying Related Evidence By Defense Counsel

This thesis includes four parts except for introduction and conclusion.Part I is about the legal proceedings and property values of the provision that defense counsel could verify related evidence. Verification of related evidence, which belongs to the defense counsel, is a separate procedure right. Its legal property is identical to the right of meeting with the suspect or the defendant. Objectively, even if verification of related evidence will lead to the suspect or defendant reading the file of the case, it cannot be concluded that the suspect or defendant has the right of reading the file. The provision that defense counsel could verify related evidence has two values on entity and procedure.Part II is about the modes of defense counsel verifies related evidence. There are three modes of verifying related evidence that call“asking for the evidence”, “telling the evidence”, and “showing the evidence”. In the foreign laws, these modes above told are allowed when the defense counsel meets the suspect or defendant. There is no restriction in our country's legislation when it comes to the modes of verification, which is in keeping with the foreign laws' experience. The practice that defense counsel tells or shows the evidence to the suspect or defendant is not like giving away the secrets of the case. The essential of the problems which derives from the verification, such as the destruction of evidence or perjury through forcing and leading, is the problem of evidence range or supporting measures, instead of the mode of verification. It is necessary to ensure the right for defense counsel to decide the verification mode on his own.Part III is about the range of verification. Currently, three kinds of views on the range of verification are debated heatedly in the academic circles, which could be named as “whole evidence to be verified”, “part of the evidence to be verified”,and “exception of the evidence to be verified”. Two of the last views are harmful to defense counsel verifies related evidence effectively. Due to the vague in legislation, when verifying the evidence, defense counsels understand or choose the range of evidence differently. Among the differences, verifying the whole range of evidence is in majority. Some counsels consider that related information of victim or witness are not allowed to be verified. To definite the range of evidence precisely, it should be established the principle for deciding related evidence. The content of relatedevidence must be relevant to the entity or procedure problem of the case, also, it should have the value in defend. The defense counsel dominate the range of evidence. When the range is being decided, the counsel should pay attention to some obligations.Part IV is about the supporting system, which has the problems of being short of provisions and facing some obstructions. The obligation of coordinating the verification should be set up for the judiciary and detention center. The illegal responsibility must be strict. The remedy measures should be improved to prevent the defense risk as soon as possible. The conception of approving the right of verification should be gradually popularized to protect the defense condition.