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The Lawyer's Effective Defense In The Procedure Of Death Penalty Review

Posted on:2019-11-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y T GuoFull Text:PDF
GTID:2416330548975320Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The establishment of the death penalty review procedures and the uniform reversion of the death penalty authorizations aimed at implementing the criminal policy of less slaughter and cautious kill so as to guarantee the quality of the death penalty review and guarantee the accuracy and fairness of the death penalty.In addition,in recent years,recognition by legislatures and relevant judicial workers of the trial property of the death penalty review process and affirmation of the lawyers' participation in the process is not difficult to notice that the exercise of the right of defense by lawyers in the death penalty review process is moving in a positive direction.However,judging from the high death penalty rate and cases of unjust enrichment and misconduct,we can still find out that there are still many obstacles and deficiencies in the exercise of the right of defense in the death penalty review procedure,which is far from the requirement of effective defense.In order to realize the effective defense of lawyers in the procedure of death penalty review,the effectiveness of the process should be emphasized instead of the one-sided judgment that the non-approval of the death penalty be approved in one-sided manner as an effective defense: not only to establish and strengthen the designation Defending system,but also to ensure that the death penalty legal aid lawyer's suitability,to recognize the legal counsel as a defender,improve death penalty case lawyer access qualifications,the establishment of appropriate quality control,rewards and punishments,incentives and death penalty review verdict on the defense Reasoning mechanism;lawyer's defense is fully protected is an effective defense of the premise,to refine the right to meetings,scrutiny and the exercise of the right to express opinions on the obstruction of the exercise of the right to exercise the right to make procedural sanctions;death penalty approved the results At the same time,the defense lawyer should be informed that if both the defendant and the defense lawyer have no objection,the defense lawyer should actively help the defendant to exercise the right of provisional jurisdiction.Whenever the defendant or the defense lawyer disagrees with the approval result with appropriate reasons,The right to a sentencing may be activated to suspend the forthcoming death penalty The procedure to achieve the final relief of the deathpenalty criminals a moment ago to ensure the substantive participation of defense lawyers in the process of the entire review process in order to effectively safeguard the legitimate rights and interests of the death penalty defendants and criminals,Even if the death penalty is finally approved,it will be able to terminate its life in a way that guarantees full dignity and legal rights and has no objection to the death penalty review and truly validates the lawyers in the death penalty review process.
Keywords/Search Tags:The procedure of Death penalty review, Lawyer Participation, Effective Defense, Ultimate Relief
PDF Full Text Request
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