 Wysłany: Nie 7:57, 03 Kwi 2011 Temat postu: The expansion of the rights of lawyers and the pro |
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| The expansion of the rights of lawyers and challenge the prosecution
The conditions to the other proceedings authorized by law. With , Article 325, Article 326 provides that the exercise of currently Lawyers can be divided into three stages: First, the investigation stage: Second stage of the prosecution's Procuratorate; third court trial. Lawyers can understand the charges in the investigation stage, investigation organs can not see the evidence material; in the prosecution phase, In the court trial. Although the law does not make further restrictions on Lawyers object, but because there is no evidence in our discovery system and Before the formal hearing whether lawyers can obtain substantive evidence which is in fact determined by the prosecution. In this sense, the right to counsel meaningless Marking of autonomy, only a passive acceptance of the scoring power. The new law abolished the relevant stage in the prosecution lawyers can consult, extract and copy judicial documents and technical identification of material requirements; put in the prosecution stage of the proceedings the prosecution to master instruments and the case file and are open to lawyers,timberland shoes, make full use of the judicial resources counsel also deepened the level of participation in criminal proceedings, lawyers and prosecutors to give relatively equal rights and status. Not only that, but also to further expand the lawyers in the court right after accepting the scoring, the original This means that lawyers can not only control access to the prosecution of the accused, the crime to other evidence. Can also control access to the prosecution of accused not guilty, Zuiqing and other evidence, to the right of defense counsel provided adequate facilities affected by this change is most critical to the prosecution indictment department. Under the existing law. Public Prosecution Service is transferred to the court a copy of the main evidence, although the strong subjectivity. So. In part, this has become a public prosecutor to avoid the defender in front of the court to show the important and sensitive evidence. But the law provides a review of prosecution lawyers to come into contact with all the evidence the prosecution to master the content. This makes the defense counsel before the trial court could have a more comprehensive and objective understanding. Extension of the court in the preparation of the defense lawyers time to gather evidence to expand the scope of lawyers at the same time. Public Prosecution evidence also reduce the probability of attack. This is the work of the Public Prosecution Service, in particular the collection and review of the evidence put forward higher requirements. But the situation facing the Public Prosecution Service is worrying. The biggest problem they face is the investigative authority of the investigation level is not high, the evidence of poor quality, and because the evidence is not evidence of timely and often results in hearing loss. Of litigation and judgments. So. Lawyers deal with the return of the most effective way to strengthen the investigative and evidence collection guidance. Specification from the source to obtain the evidence. Unfortunately, in the existing judicial system, prosecutors are not entitled to the investigation of the investigative organs the right guidance. The ability to collect their own evidence and case duration also very limited. How to avoid flaws in the evidence on the whole case in a passive is the leaving Department of Public Prosecutions to be the biggest challenge facing the summary. The new law makes lawyers more fully involved in earlier criminal proceedings, on investigation, prosecution, trial have a direct impact. It pre-trial lawyers involved in the way of criminal proceedings for approval by the current style, the black box into a permission-based, open, and lawyers to exercise their rights restricted by the prosecution to reduce, increase supervision of the prosecution. Notes: [1] Weidong editor: 『2] While the existing law on the existence of the judicial practice of the prosecution early intervention, investigation and other exploration guide. Because of a lack of statutory enforcement tools and legal consequences of such a thing in the supervision and guidance to the operation detection mechanism depends on the will of the public security organs, listening to the the end of the story, do not listen to but also helpless. Does not have a systematic and mandatory features. [3] Weidong editor: 2008, No. 5 / Total No. 71 |
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