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to contain public prosecutor
30years of hard and very fruitful law-ruling should enable us to have the courage to face the past defect ,changes in the law are unreasonable rules ,abercrombie,so that the rule of law civilization Enze to include lawyers, every one .
China criminal law the 306th regulation: in criminal litigation, the defenders and agents ad litem,hollister, destruction of evidence ,evidence ,help the parties to destroy or forge evidence,mulberry, threatening ,luring the witness to change testimony against the facts or perjury ,is a crime ,should sentence was passed .
This is what we usually call lawyer ,abercrombie france.In reality, this provision allows the Chinese criminal defense system is in an awkward situation .On one hand ,the law of suspects he may appoint a lawyer to safeguard their legitimate rights and interests ,or even part of the suspect must have a lawyer to trial ( for example may be sentenced to death penalty cases ) ;on the other hand ,most lawyers would or would not handle criminal cases ,the criminal defense rate became lower ,at present only 20%, even if reluctantly took the criminal case or appointed by a court of law in handling criminal cases ,lawyers and careless handling criminal cases dealing with the criminal defense ,a mere formality .
The article even lawyers reputation ,also make the law on Lawyers occupation reprisal filed one after another, both the prosecutor and the continued imbalance .New Guangxi Yang Zaixin, four lawyers encounter is one of typical examples .
Yang Zaixin and other lawyers believe that the departments of public security organs insufficient evidence to prove the criminal suspect has implemented the accused of the crime ,mulberry outlet,but also the witness can prove the criminal suspect is not at the scene of the crime ,michael kors,for lawyer occupation morality ,Yang seriously on the witness testimony .
Since the witness to testify in court to prove that the suspect is not at the scene ,the departments of public security organs subjective presumed witness is giving false testimony of witnesses ,and detention .
At the same time, the departments of public security organs that lawyers teach witnesses ,the four lawyers at the same time take coercive measures ,and the lawyer Yang Zaixin final implementation of criminal detention .
A senior lawyer once quipped if you want to make a legal work ,hollister,don a lawyer ;if you want to be a lawyer ,do not handle criminal cases ;if you want to handle criminal cases ,abercrombie,don forensics ;if you want to obtain evidence ,don take the witness testimony .
If that can do ,you report it to the detention center . The joking words while some extreme, but it vividly reflects the lawyers turn topic --, lawyer .In fact,michael kors outlet, criminal law 306th article on lawyer crime itself did not matter much ,but because of criminal law on the lawyer in a separate article made specific provisions, give law enforcement abuse the law to find a stately excuse ,abercrombie and fitch,they can freely on uncooperative lawyer perjury coercive measures .
According to statistics ,from 1997 to 2007 this article 306 of the criminal law issued in 10 years ,mulberry bags,the 108 lawyers for impairing testifying prosecution ,hollister france,and was eventually found guilty of only 32 .
Another of the 23 lawyer case for statistical analysis ,11 cases of suspected lawyer acquitted or withdrawn ,hollister france,the 6 won a guilty verdict ,abercrombie paris,1 be exempted from criminal sanctions ,5 pending, wrong rate of more than 50% ,80% suspected of lawyer case of suspected retaliatory law enforcement .
Do case law enforcement personnel need not bear any liability ,invisible in the connivance of law enforcement personnel to lawyers for the occupation of revenge .The rights of the lawyers are the criminal suspects and defendants right extension ,lawyer rights have been restricted to criminal suspects legitimate rights and interests have been infringed upon .
If because of legal discrimination and result in criminal procedure lawyer in normal vacancy, the harm is the only way to counsel the group interest ,hollister uk.In this complex and ever-changing society,hollister, a person may have been wronged and become suspects ,abercrombie,lawyer rights have been infringed ,the equivalent of all citizens interests are infringed .
Even the strong public security bureau director, once a suspect ,he also can only hope to lawyer .But in perjury ,lawyers are risk one ,have no ability to protect the legitimate rights of the criminal suspect .
There are a number of criminal suspects are not bad people, due to the lack of effective defence lawyer ,but lost access to clean the opportunity ,She Xiang Lin ,Zhao Zuohai case is a good example of .
To change the present situation of this fear ,the law must in order to maximize allowed lawyers to defense responsibilities ,including the lawyer to unshackle investigation ,in order to clarify the facts ,to contain public prosecutor ,the right of public prosecution ,such ability in the trial stage to reach the balance between the prosecution and the defense ,thereby advantageously the protection of criminal suspects legitimate rights and interests ,hollister,to clarify ,to reduce the miscarriages of justice ,to avoid such as Nie Shubin and She Xiang Lin murder case miscarriages of justice .
History tells us that ,if a lawyer under severe pressure, adumbrative national calamity .To sum up ,we should amend Article 306 of the criminal law ,abercrombie france,cancel the lawyer ,michael kors handbags.Social development, 30 years of hard and very fruitful law-ruling should enable us to have the courage to face the past defect ,changes in the law are unreasonable rules ,so that the rule of law civilization Enze to include lawyers, every one .
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发表于 23/12/2012 20:41:09
