The Research On The Defense Lawyer Verifies The Evidence To The Suspect And The Defendant

Although the lawyer to the criminal suspect or defendant to verify evidence this right has been written to new changes of the criminal procedure law in 2012,but the defense lawyer to verify the scope of the evidence and the way,legislation are vague.Defense lawyer to verify evidence to lead to practice,theory and practice on the issue is controversial,there are two main types of voice,"no limit theory" and "big limit theory".Based on this,the author attempt to define the connotation of verify the evidence,the nature of the analysis to verify the evidence,studies the litigation stage to verify evidence and then elaborated the scope and the way to verify evidence,how to play the function of this system put forward some thinking.First of all,to verify evidence analysis of the connotation and nature of the definition of connotation from the meaning,the purpose of the premise and cut into three aspects,through the analysis of the nature to determine the right to verify the evidence has the property of lawyers "came right",is the right of the criminal suspect or defendant marking the primary stage,laying the groundwork for after the argument.Second,a defense lawyer to collect evidence of three kinds of innocence as an exception to verify in investigation phase.This is of the provisions of the legislation is not yet as a supplement.Again,for larger controversy to verify evidence,the defense lawyers not only have the right to verify the physical evidence,oral evidence is in the range of verification,should not restrict.Finally,on the way to verify,in principle,to the needs of the defense,defense lawyer can show the evidence material to the criminal suspect or defendant to verify in writing.But for the partners in crime of confession,for reasons of reality,can make the proper limits,only allow oral communication to verify.In addition,the limit defense lawyer disclosed in the verification of some sensitive information.To verify evidence to play its proper function,this system still need to improve the relevant legislation and judicial interpretation.At the same time,to ensure the right of defense lawyer investigation,marking the right of synergy to follow,to better promote the exercise of the right of defendant and confirmation,promote the reform of lawsuit system.