Research On The Protection Of The Right To Counsel For The Prosecuted Person In The Investigation Stage Of Duty Crimes

Duty crime investigation has the nature of criminal investigation.It is of great significance to obtain the right to procedural justice and substantive justice for the prosecuted person suspected of duty crimes to obtain the right to help lawyers during the investigation stage.It is also the basic requirement of constitutional rights theory and procedural justice theory.All countries under the rule of law in the world no matter or into a crime of duty crimes,are given by the prosecuted person in investigation phase to get a lawyer.The Chinese Criminal Procedure Code did not give the right to be assisted by the prosecuted person at the initial stage of the investigation.After the revision in 2012,the prosecuted person was given the right to help by lawyers,which reflected the significant progress of the criminal litigation system.The prosecuted person of the duty crime was not given the right to get a lawyer at the investigation stage.It is inconsistent with the basic practices of the country governed by law and against the rule of law in our country.It will damage the legitimate rights of the prosecuted person.In view of this,the author believes that the right to lawyer's help should be upgraded to the constitutional right of the criminal defendant.It is also implemented to the prosecuted person at each stage of the litigation including the duty crime investigation stage.At the same time,a distinction should be made between the filing of a case by supervision and the filing of a criminal case,clarifying when the case enters the stage of investigation of duty crimes.And improve the rights notification system and legal aid system,ensuring the timely realization of the right to lawyer's help in the stage of investigation of duty crimes.In order to the prosecuted person of duty crimes can obtain the effective help of lawyers in the stage ofinvestigation,it also should guarantee the defense rights of defense lawyers,such as the right to meet,the right to read,the right to investigate and collect evidence,and the right to be present,and establish the evaluation criteria and the consequences of the violations provided by the defense lawyers at this stage.Finally,it also should improve the remedies for obtaining the right to help lawyers,including substantive relief and procedural relief.