2013 the new criminal procedural law related characteristics of

The relevant provisions of the new criminal law on lawyers, marking, forensics

A new criminal procedure law provisions, the lawyer investigation phase meeting
Lawyer criminal procedural law for the investigation stage, meeting the revised, the legislature for the improvement of criminal procedure system, the maintenance of criminal suspects the right to defense, the basic position of reasonable enforcement of investigation power. Is a great progress in China's legal system construction, enhance the right to defense lawyers, more effectively protect the suspect, the defendant's rights.
The new criminal law article thirty-seventh defense lawyers with the criminal suspect in custody, meet and correspond with the defendant. Other defenders, with permission of the people's court, the people's Procuratorate, may also with the criminal suspect in custody, meet and correspond with the defendant.
Defense lawyers the lawyer's practicing certificate, proof of lawyers and legal aid attorney or letter requesting a meeting with the suspect, the defendant in custody, detention house shall arrange to meet, not later than forty-eight hours.
Crimes of endangering national security, terrorism crime, crime of particularly great bribery case, in the period of investigation lawyer meets with the criminal suspect in custody, it shall obtain the permission of the investigation organ. Of these cases, the investigation organ shall notify the.
Defense lawyers meet the suspect, the defendant, the understanding of the circumstances of the case, to provide legal consulting; since the case is transferred for examination before prosecution date, may apply to the criminal suspects and defendants, verify the relevant evidence. Defense lawyers met the suspect, the defendant is not to be monitored.
According to the provisions:
1, defense lawyers to "three requirements can be met the suspect in detention, in addition to the crime of endangering national security, terrorist activity crime, crime of particularly great bribery case, lawyers met the suspect without the approval of the investigation organ.
2, the defense lawyer may from the investigation organ and the suspect about the circumstances of the case, have the right to put forward opinions to the investigation organs, so as to safeguard the legitimate rights of criminal suspects. In the investigation stage, a lawyer may in its understanding of the circumstances of the case and the investigation organ communication, so as to help the investigation organ specific investigation direction, accurate and punishment of crime.
3, the bears to arrange the lawyer to visit the suspected criminal obligation, and the time limit specified in the legislation, the arranged to have the lawyers met the suspect to shorten the time of.
Secret 4, the lawyer to visit the suspected criminal way, no longer need to investigators accompanied, not be monitored, help between lawyers and suspects full communication, mutual trust, so as to better safeguard the legitimate rights of criminal suspects.
Two, the relevant provisions of the new criminal law on Lawyers
The new criminal procedural law expanded the scope of defense counsel marking, provisions of lawyer since transferred for examination before prosecution may consult, copy the file material and is no longer limited to litigation documents, technical identification of material, so as to understand the whole case fact lawyers for timely, grasp the whole evidence provides a convenient, has provided the safeguard for lawyers and efficient convenient, exercising the right to defend.
The new criminal law thirty-eighth defense lawyers of the people's Procuratorate date, consult, extract, copy the file material. Other defenders, with permission of the people's court, the people's Procuratorate, may also consult, extract, duplicate the above mentioned material.
Article thirty-ninth the defender believes in the investigation, review and prosecution, the people's Procuratorate collected during the public security organs to prove the suspect, defendant not guilty evidence not submitted, shall have the right to apply for access to the people's Procuratorate, the people's court.
According to the above provisions:
1, defense lawyers of the people's Procuratorate date, consult, extract, copy the file material. That is to say, the lawyer to the procuratorate in the case, you can consult, copy all "and materials related to the case". Such provisions, is conducive to the early understanding of the lawyer charges system of evidence, has enough time to deal with. The provisions of the new criminal procedure law makes the law can effectively exercise the right to counsel.
2, establish favorable evidence law for obtaining the uncommitted rights. "The defender believes in the investigation, prosecution, public security organs, people's Procuratorate collected during the prove the criminal suspect, the defendant guilty, guilty evidence not submitted, can apply for access to the people's Procuratorate, the people's court."
In three, the relevant provisions of the new criminal procedural law on lawyers to collect evidence
Investigation is the defense lawyer to fulfill the essential work in defense duties according to law.
The new criminal procedural law thirty-ninth defenders think in the investigation, review and prosecution, the people's Procuratorate collected during the public security organs to prove the suspect, defendant not guilty evidence not submitted, shall have the right to apply for access to the people's Procuratorate, the people's court.
The suspect fortieth defenders collected not at the scene of the crime, does not reach the age of criminal responsibility, mental patients belongs to not bear criminal responsibility in accordance with the law of evidence, it shall timely inform the public security organ, the people's procuratorate.
Forty-first defense lawyers with the consent of the witnesses or other relevant units and individuals, can collect information pertaining to the current case to them, can also apply to the people's Procuratorate, the people's court for the collection and obtaining of evidence, or request the people's court to inform the witnesses to testify in court.
Defense lawyers with permission of the people's Procuratorate or the people's court, and the victim victims or their close relatives, provide witness agree, can collect information pertaining to the current case to them.
The new criminal procedural law of criminal procedure law there is no breakthrough in the old lawyer s right of investigation. But we need to pay attention to:
The new criminal procedural law thirty-fifthThe responsibility of a defender shall according to the facts and the law, materials and opinions put forward the suspect, the defendant not guilty, a mitigated punishment or exemption from criminal responsibility, criminal suspects, defendants, safeguard the litigation rights and other lawful rights and interests.
The suspect fortieth defenders collected not at the scene of the crime, does not reach the age of criminal responsibility, mental patients belongs to not bear criminal responsibility in accordance with the law of evidence, it shall timely inform the public security organ, the people's procuratorate.
According to the above provisions:
1, counsel should be understood as material evidence, this is not the limiting stage of handling criminal cases, lawyers in the case that if the investigation found evidence of criminal suspects, can also be obtained, this provision has been confirmed in the fortieth article.
2, that is to say, can collect relevant criminal suspects are not at the scene of the crime, does not reach the age of criminal responsibility, mental patients belongs to not bear criminal responsibility in accordance with the law of evidence the defense lawyers in the investigation stage.
3, the new provisions of criminal law: thirty-third suspects from the first interrogation by the investigatory organ or coercive measures taken to date, has the right to entrust defenders; in the investigation period, can only be entrusted lawyer. Since the law of lawyers in the investigation stage to the defender's identity, which is one of the important contents in the investigation and defend the rights of right to collect evidence, so long as does not affect the normal activities of criminal investigation, lawyers should be right to obtain evidence investigation to obtain independent, in order to maximize the maintenance of justice, to ensure that criminal suspects by the legal prosecution right the.