On The System Of Lawyer's Presence In Investigation And Interrogation

Maintaining and guaranteeing the defendant's right to defense is not only a universal provision of criminal procedure law in various countries,but also a universally recognized legal norm.When interrogating a criminal suspect,the rights conferred on his defense lawyer are a remarkable symbol of democracy,civilization and progress in the country.As an important part of the defense system,the lawyer's presence system in investigation and interrogation is vacant in the criminal prosecution system in China due to the influence of various factors,such as traditional legal concepts,criminal justice concepts and the investigation mode of "heavy confession".However,the theoretical research and exploration of lawyer's presence system has not stopped in the relevant pilot practice.At the stage of investigation,the right of defense granted to criminal suspects is limited to a certain extent,and because lawyers have no effective way to participate in this link,they enjoy the right of meeting,but their value of performing defense functions and safeguarding the rights and interests of criminal suspects can not be fully exerted.Under the background of the revision of the Criminal Procedure Law,the enactment and promulgation of the Supervision Law and the reform of the judicial system centered on trial,the protection of the rights of criminal suspects and their defense lawyers in the stage of investigation and interrogation is required to be higher,newer and more comprehensive.Establishing the lawyer attendance system in investigation and interrogation is an inevitable requirement to respect and protect human rights,to achieve procedural justice and to integrate with the international community.The establishment of this system is conducive to reconstructing China's investigation structure and strengthening the protection of the legitimate rights and interests of suspects,helping to form effective external supervision mechanisms,preventing extorting confessions by torture,improving the efficiency of China's criminal proceedings,and maintaining the respect for the legal system.Yan.The leniency system of confession and punishment and the duty lawyer system established by the latest amendment of the Criminal Procedure Law in 2018 have realized the first stipulation of lawyer's presence.The two systems reflect the higher requirement of human rights protection before trial,and alsoprovide theoretical and practical support for the establishment of lawyer's presence in investigation and interrogation.Interrogation is an indispensable procedure for judicial organs to collect evidence and obtain criminal information.As an irreplaceable means of investigation,interrogation is not only a key link in forming a complete evidence chain,but also a vulnerable link to illegal evidence collection and illegal infringement on the accused.Synchronized audio and video recording system,the right to silence and the lawyer's presence system together constitute a powerful weapon to safeguard the legal rights and interests of criminal suspects during investigation and interrogation.At present,the interrogation link in China only relies on synchronous audio and video recording system to witness the authenticity,legitimacy and voluntariness of interrogation activities.However,synchronous audio and video recording system itself has irreparable limitations,which requires lawyer's presence system to cooperate with it.They complement each other,make up for their shortcomings,but also make their functions play a better role.Therefore,the lawyer presence system still needs to be studied.This paper takes the lawyer presence system as the research object,trying to provide suggestions for the establishment of the lawyer presence system in investigation and interrogation in China,hoping that the system can be implemented as soon as possible from logic to practice.