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New Lawyers Act Implementing Multiple Barriers Di Yingqi: The Criminal Procedure Law should be amended as soon as possible

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[Abstract]:
HenanProvincialPoliticsandLawManagementInstituteofCriminalLawDepartmentDirectorDiYingqionbehalfoftodaytoacceptthisreporter'sinterview,therevisedlawyerlawtogiveahighrating,thenhesaid:"However,thislawin
Henan Provincial Politics and Law Management Institute of Criminal Law Department Director Di Yingqi on behalf of today to accept this reporter's interview, the revised lawyer law to give a high rating, then he said: "However, this law in the implementation of the law In the face of multiple obstacles, in some places to lawyers and criminal procedural law inconsistent grounds, hinder the lawyers meet, marking, investigation and evidence collection.
 
status quo
 
Lawyer law and criminal law
 
"The lawyer law revised, added, modified more than 40 articles are related to criminal proceedings." Di Yingqi said, "However, the relevant provisions of the Criminal Procedure Law has not been amended, the two provisions of the existence of inconsistencies.
 
Di Yingqi told reporters one by one listed these "inconsistent" places:
 
In the case of lawyers' right to see the case, the new lawyer law stipulates that the defense counsel shall have the right to meet the suspect and the defendant and meet with the supervisor if he is certified by a practicing certificate, a certificate of law firm and a power of attorney or legal aid. This is a direct change in the criminal law, "lawyers meet with the suspects in custody, the investigating authorities according to the circumstances and needs of the case can be dispatched in the case involving state secrets, lawyers meet in custody of the suspect, should be approved by the investigating authorities" Regulations.
 
In the case of lawyer's investigation and evidence collection, the Criminal Procedure Law does not directly give the defense lawyer the right to collect evidence, only with the "can collect materials," this ambiguous language, and defense lawyers to collect materials must also be collected by the consent of the judiciary Approved. The lawyer law stipulates that: "The entrusted lawyer may apply to the people's procuratorate, the people's court for collecting, withdrawing evidence or applying to the people's court to notify the witness to testify in court according to the needs of the case, and the lawyer shall investigate and collect evidence by lawyer's practice certificate and law firm To prove that the relevant units or individuals can investigate and undertake legal affairs related to the situation.
 
In the case of lawyer's marking rights, the new solicitor will advance the scoring start of the defense counsel and require the entrusted lawyer to have the right to read from the date of the prosecution of the case. At the same time, to expand the scope of the scope of the provisions of the provisions of the prosecution in the prosecution stage, the defense lawyers have the right to access, excerpts and copy the case-related litigation documents and file materials; the date of acceptance of the people's court, defense lawyers have the right to access, excerpts and copies related to the case All the materials.
 
Dilemma
 
The lawyer exercised the right to embarrass
 
"The inconsistency of the two laws has caused a lot of embarrassment in the judicial activities." Di Yingqi said that the main purpose of the lawyer law amendment is to solve the "three difficulties" in the criminal defense of lawyers, but the reality is that these problems are not effectively solved.
 
Di Yingqi said that lawyers meet difficult to exist, and the lack of effective relief mechanism. The lawyer law stipulates that the lawyer sees the right, but does not specify how the department concerned will not perform. In practice, in some places to lawyers and criminal law on the grounds of conflict, still refused to meet the suspects, the defendant.
 
"Lawyers investigation and evidence is still difficult." Di Yingqi said that some departments and witnesses, emphasizing the criminal law is the upper law, lawyer law is the next law, should follow the superior method is superior to the next law principle, refused to lawyer investigation evidence.
 
Di Yingqi said that lawyers can not fully realize the right to read. Because the criminal law is not promptly amended, the lawyer law on the provisions of the lawyer scoring rights, in practice is still struggling, difficult to implement.
 
Countermeasure
 
The Code of Criminal Procedure should be amended as soon as possible
 
"Despite the efforts to resolve the conflict between the lawyer and the new laws and regulations on criminal law, many authorities and departments have made efforts, but the effect is not obvious in practice." Di Yingqi worried about this, "the lawyer law is not effectively implemented, Influence the authority of the law.
 
"Min Yingqi suggested that the main contents of the amendment should include: clearly stipulates that the scope of lawyers marking the scope of the" case of all the material "; clear lawyer scoring rights can not be achieved Of the judicial relief system; clear lawyers evidence of the rules, methods, improper evidence of evidence and forensic legal protection, relief channels.