"Meet the difficult, scoring difficult, hard evidence" is the three big difficult problems plagued lawyer. The criminal law revised in the perfect defense system. A big step forward.

   For improving the defense system in the following aspects:

    A defense lawyer, ahead of time

   The current "Criminal Procedure Law"Article thirty-thirdSince the case is transferred for examination before prosecution, public prosecution cases, criminal suspects have the right to entrust defenders. The accused in a private prosecution shall have the right to entrust defenders at any time.

      According to the current "Criminal Procedure Law" detection stage attorney only for the parties to provide legal advice, not with the parties to talk about the case, but not for the client.

      The new "criminal procedural law"Thirty-third shall be amended as: "the suspect since the first interrogation by the investigatory organ or coercive measures taken to date, have the right toEntrustedPeople; in the investigation period, can only be entrusted lawyer.

      Lawyer two, clear responsibility safeguard the litigation rights of the parties

　The current "Criminal Procedure Law" article thirty-fifth  The responsibility of a defender shall according to the facts and the law, materials and opinions proving criminal suspects, defendants not guilty, a mitigated punishment or exemption from criminal responsibility, criminal suspects, defendants, safeguard the legitimate rights and interests.

     The current "Criminal Procedure Law" no clear law to safeguard the litigation rights of the parties. The party was torture to extract confessions, was suspended for eight days and eight nights, the lawyer also do not know how interference.

The new "criminal procedural law"Thirty-fifth shall be amended as: "the responsibility of a defender shall according to the facts and the law, the criminal suspect, the defendant guilty, a mitigated punishment or exemption, theCriminal responsibilityMaterials and opinions, the maintenance of criminal suspects, defendantsLitigation rightsAnd other legitimate rights and interests."

One article is added as Article thirty-sixth,: "defense counsel in the investigation period can provide legal assistance for criminal suspects; complaints, charges; apply for alteration of the compulsory measures; to the investigation organ about the crime suspect guilty and case, put forward opinions."

Three,Expanding the rights of lawyer, the prosecution can consult the materials

The current "Criminal Procedure Law" article thirty-sixth Defense lawyers of the people's Procuratorate date, consult, extract, copy the caseThe litigation documentsIdentification of material, technology, can meet with the criminal suspect in custody and communication.

Defense attorneys from the day the court handles the case, consult, extract, copy the case of the facts of the crime accused materials with the defendant in custody, can meet and communication.

The current "Criminal Procedure Law" refers to "the appeal documents, including the" approved documents, warrant, warrant of arrest, prosecution submissions, not including the interrogation records and other evidence. The stage of review and prosecution lawyers don't know the case of evidence.

New "Criminal Procedure Law"Thirty-eighth defense lawyers of the people's Procuratorate date, consult, extract, copy the caseThe materials.

Four, the parties will no longer need lawyers met with the approval of the Public Security Bureau, procuratorate

According to the present law of criminal procedure, the detection stage attorney requested a meeting with the parties to apply to the investigation organ is arranged to meet, the investigation organ. The stage of review and prosecution lawyers requested a meeting with the parties to the procuratorate, the procuratorate approved. The lawyer to Public Security Bureau, the procuratorate approval to the requested a meeting.

New "Criminal Procedure Law"Article thirty-seventhThe defense lawyer may with the criminal suspect in custody, meet and correspond with the defendant.

Defense lawyers the lawyer's practice certificate,Law firmProof andPower of attorneyOr legal aid official request to meet with the criminal 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.

Five, the lawyer and client talk, do not allow public security personnel to monitor, monitor

According to the current "criminal procedural law" the lawyer investigation phase meeting with the parties to investigators present "accompany", fine sounding name to protect the lawyers' safety, actually keep interrupting lawyers interviewed, remind the lawyers don't talk about the case, do not exceed 30 minutes. The stage of review and prosecution, the prosecutor can not accompanied by lawyers, can also be accompanied by. Only the trial lawyers met with the parties not monitored, but the lawyers and the parties to talk across the glass by telephone, telephone receives the monitor.

According to the "Chongqing model" three stage meeting with a lawyer has a project team on site to supervise, and video surveillance. It's Procuratorate, court of the team feel helpless, only Li Zhuanggan on the project team responsible person shouted: "Zhang Ke, get out!"

The new "criminal procedural law" the provisions of article thirty-seventhDefense lawyers meet the suspect, the defendant, the understanding of the circumstances of the case, to provideLegal adviceSince the case is transferred for examination before prosecution; the date, may apply to the criminal suspects and defendants, verify the relevant evidence. DefendThe lawyer to visit the suspected criminalNot to be listening, defendant.

Before 1 January next year, all the glass wall and the phone will be removed.

Meeting room installation monitor does not violate international treaties, and all rights in the guards can not hear the sound of seeing the lawyers met with the parties. China's new "criminal procedural law" not be restrictive provisions on monitoring.

Six, expand the lawyer's evidence collection rights enumerated law scope

　  The current "Criminal Procedure Law" article thirty-seventh  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 lawyer is not the right of investigation, lawyers only willing to testify to the parties who forensics. A lawyer should not contact the victim and witness for the prosecution, if need to collect evidence from the victim and witness for the prosecution, need special approval of Procuratorate and court. The person who knows the case and the public security organs have found, the lawyer can't find them, lawyers can find who forensics confused. The lawyer got evidence was obtained from the marking of. The master of the evidence the prosecutor favorable does not show how to do? The public prosecutor to produce evidence only show "how to do" "?

The Chongqing model of the trial, counsel for the prosecution to show the collective evidence, was dismissed. Lawyers feel helpless.

The new "criminal procedural law"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.

The suspect fortieth defenders collected not at the scene of the crime, not reachedThe age of criminal responsibilityThe mental patient belongs to, not bear criminal responsibility according to the law of evidence, it shall timely inform the public security organ, the people's procuratorate.