The Investigation Report On Lawyers' Meeting In Particularly Major Bribery Crimes Investigation Stage

As an important part of the right of defense, the lawyer's right of meeting has important significance in the protection of procedural rights of criminal suspects and achieving equality between prosecution and defense. The 2012 "Code of Criminal Procedure" made significant changes to the defense system, which defined the identity of counsel investigation stage lawyers, lawyers established in addition to endangering national security crimes, terrorist activities and crime, particularly in major bribery hold "three cards" accessible met with the suspect in custody procedures,is a major legislative progress. However, particularly major bribery crimes investigation stage lawyers met with the suspect there are still many restrictions. Based on the particularly major bribery crime in China city of A province prosecutors in 2013- 2015 as sample investigation, and Combined with investigators and defense lawyers of feedback information, this paper summarizes the major bribery crimes investigation stage special attorney to exercise the right to meet with the problems, analyze the causes of these problems, and based on the judicial practice, puts forward the corresponding improvement suggestions.In addition to the introduction and conclusion, the paper is divided into three parts, a total of more than 2 thousand words.The first part is the introduction of particularly major bribery investigation stage lawyers met with the situation. First, this part briefly introduces the research methods and research ideas, and then designs 8 aspects of content, which are "the definition standard of special major bribery crime", "the prosecution case prior notice", "attitude of investigators to the suspects asking the lawyer to meet ", "the time and number of nodes and times the lawyer meets", "the time limit and the way of attorney's reply", "notification would hinder the investigation situation after the disappearance", "the implementation of the meeting before the end of the investigation", "whether the lawyer meeting process is monitored". And briefly describes and analysis of the data collected and sorted out.The second part is the analysis of the main problems and reasons of the particularly major bribery investigation stage. The main problems of the investigation of the particularly major bribery criminal investigation of the law of major bribery investigation mainly has 6 points.First, suspects starting the program met with lawyers is difficult.Second, particularly major crime of bribery was expanded interpretation.Third, prosecutors failed to reply to defense counsel in accordance with law.Fourth, the procuratorial organ does not fulfill the obligation of notification when impeded the investigation of the case of is disappearance.Fifth, licenses should be met before the conclusion of the investigation fails to implement.Sixth, lawyers can not meet suspects in secret. The reasons for these problems are following four aspects. First, there are defects in the legal provisions. Second, the investigators to the lawyer met with misgivings, part of the investigation personnel have not been updated legal knowledge.Third, some lawyers violation of professional ethics, professional behaviors were not standardized. Fourth, related mechanisms are not perfect. Among them, there are four points on the legal provisions of the defect, which are the law did not explicitly give the criminal suspects the right to meeting laws, "especially serious bribery crime" unclear definition, "would hinder the investigation situation" provisions are vague and "should permit meeting " is ambiguity. Investigators to the lawyer met with concerns are mainly concerned about the lawyers met with the suspects confessed to the crime and the illegal practice of lawyers, which will impact of the case detection. Some lawyers in violation of professional ethics, practice is not standardized reflected in some of the lawyers practicing negative, not rigorous or even illegal practice. Relevant supporting mechanisms are not perfect, there are two main areas, which are lack of relevant supervision mechanism and the procuratorial organs internal assessment mechanism is not perfect.The third part is the ways to improve the recommendations. In this part, we put forward some suggestions to improve the lawyer's interview with the special major bribery investigation stage. Suggestions for improvement from the following 4 aspects. First, the law gives the accused rights of the meeting, the judicial interpretation of the relevant provisions of refinement. Second, improve investigators handling capacity, reduce the dependence on the counterpart. Third, regulate the practice of lawyers, guard against the risk of meeting. Fourth, improve the relevant supporting mechanisms, safeguard the rights of lawyers in accordance with the law.