Guarantees Of The Rights Of Defence Lawyers In Criminal Second Instance Proceedings

The participation of defense lawyers in most criminal second instance cases is low.In the few cases in which lawyers are involved,procedural defence rights are also difficult to guarantee in a timely and complete manner and effective substantive defence is not duly adopted and evaluated.The inherent concept of the presumption of guilt in the judicial organs,the judicial system with the cooperation of the Public Prosecution Law and the extremely low rate of the second criminal trial procedure are the reasons for the insufficient guarantee of the right to defence in the procedure.It is suggested that,in the context of the policy of full coverage of criminal defense,the second instance procedure should establish a comprehensive system for the designation of Defense,specify and clarify the procedural rights of Defense Lawyers with regard to the interview and examination of the second instance,as well as the substantive rights in the application for court sessions and the adoption of opinions,and strengthen the safeguards of the procuratorial organs in exercising the functions of defense of lawyers in the second instance of criminal trial,so as to effectively strengthen the guarantee of the right of defense in that procedure.