The criminal law revised essays -- lawyers are not listening

Lou Qiuqin

In "About the change of people's Republic of ChinaThe day before the Criminal Procedure Law > decision "by, that isLast Tuesday March 13, 2012, my lawyer in Shandong city on business and money, one is still at the investigation stage financing case, in a meeting with the application by the investigation organ for approval, three police officers escorted us two attorneys went to the custody of criminal suspects in the detention house, although in June 1, 2008 started the implementation of the "Lawyers Law" thirty-third early there is the "lawyers met the suspect, the defendant, was not listening, but because the provisions of" Criminal Procedure Law "in article ninety-sixth of the lawyers met with the criminal suspect in custody, the investigation organ according to the provisions of the circumstances of the case and the need to be sent to present" has not been abolished, most lawyers for the investigation stage, interview investigation personnel the scene is It is quite common for the.

Three police officers arrived at the detention center, began to work again, resettlement placement of computer computer, equipment and equipment, adjust the socket adjustment socket, see the working posture, I began to wonder, what is this ostentation and extravagance, lawyer, or they tried it, then they want to, maybe it is because we met over, they questioned, prior to prepare equipment. The suspect to the detention center, but the three officers did not leave us, I sat on the case table, only to find that the computer is starting, the wall socket and a camera like things, asked the officer what happened, police said this is synchronized video recording, I said this is the lawyer to meet, he is very forthright answer that's lawyers to synchronous video ah, this is innovation, we in Shandong province is the pilot, and that the so-called innovation, even in Qingdao for the money Lieyang barrister Qingdao underworld Nie Lei case will not be startled at handling, so many years, staff at the scene also even if, for the the lawyer to meet the synchronization of video, is really a big girl married the first time!

Second days to return to Beijing, the amendment of criminal procedural law in a cloud of controversy no suspense through, for the lawyer to meet the problem, this revision has made some progress, clear the "defense lawyer to lawyer's practicing certificate, certificate and a power of attorney or lawyer legal aid official can meet with the criminal suspect, the defendant",Clear the "defense lawyerThe meeting with the criminal suspect, the defendant is not to be monitored"At the same time, remove the ninety-sixth, including provisions for investigators to present. For these advances, as a lawyer, we are very pleased, but at the same time, my heart is faint trace of uneasiness.

What is listening? According to the dictionary, it refers to take covert means and equipment and other technical means, a behavior to development of the corresponding sound or state of affairs. In other words, if take public means or equipment to snoop Is it right? Will not listen? This situation as we met in Shandong, if a police officer after you install the camera away, before he said that we are open to the lawyer of video ah, will be transferred to the data disk, we do not present, also do not use covert means to monitor, such concerns are not a hole to the wind. In the judicial practice for so many years, profound understanding to some local judicial organs "on have policy, there is countermeasure" spirit. Just as the lawyers law lawyer was not listening, Renmin University of China in the litigation and judicial reform research center sponsored "the new lawyer law and the revision of criminal procedural law of the connection and interaction" seminar, there are people from the public security department said, during the meeting, the investigation organ to "presence" supervision, mainly for two aspects, one is to ensure the safety, the two is the supervision of lawyers. His understanding of the "lawyers met with the parties are not listening", refers to "not through equipment monitoring". Implication is to allow "people were listening". He believes that the new lawyer law "listening" provisions, in accordance with the criminal law article ninety-sixth "presence over the" no contradiction. The amendment of criminal procedure law will investigators to present the stipulation deletion, will be derived from the synchronous video lawyer meet? Because the criminal law amendment although just passed, but the draft is really should have known, a province of the judicial organ or the relevant leaders could not clear, why at this time also in this pilot? There is a point of law of common sense knows that, according to give light to the principle of weight, the secret monitor are not allowed, but the more aggressive than secret surveillance video meeting with a lawyer the right should be banned.

In fact, the law change, progress, law enforcement idea can be changed, increase is the key, then the perfect laws, in the implementation process will change the taste, like some places also requires lawyers with handcuffs to copy the suspect, defendant can meet, these phenomena probably those participating in legislation scholars, professors can not imagine. In factThese are the concept of the problem, what is the defense lawyer, is the maintenance of the suspect, the defendant litigation rights and legitimate rights and interests, they are not the judicial organ opposite, guarantee the right to meet with lawyers, is conducive to the protection of human rights, is conducive to the protection of the rights of citizens, besides a bit large, is conducive to the protection of socialist construction the smooth progress of the cause of!