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Lawyers meet when no longer difficult

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[Abstract]:
LawsuitsareinconflictwiththeCodeofCriminalProcedure,leadingtoembarrassmentaftertheimplementationoftheLawyers'Law.Onlyintimeagainstlegalconflictsandloopholes,revisingandperfectingrelevantlegislationcan
Lawsuits are in conflict with the Code of Criminal Procedure, leading to embarrassment after the implementation of the Lawyers' Law. Only in time against legal conflicts and loopholes, revising and perfecting relevant legislation can we uphold the dignity of the law
 
July 1, Hunan lawyer to the detention center asked to meet his client. In accordance with past practice, lawyers must meet with the public security organs to apply, the public security organs in the application within 48 hours to arrange a meeting. According to the Lawyers Act, the attorney must have the right to meet the suspect with the "three certificates" (lawyer practicing certificate, law firm certificate, power of attorney or legal aid letter).
 
In the reception room, the police received a lawyer's application, said: "You go back and so on notice! When to arrange for you to meet, when you come again!" Lee lawyers are helpless, in his view, lawyers law and no restrictions lawyers Met the time of the client, nor the so-called "arrangement".
 
This story happens just before the revised lawyer law takes effect one month.
 
Lawyers Law in October last year after the National People's Congress Standing Committee revised, this year on June 1 officially entered into force. Recently, the Beijing Lawyers Association to convene part of the lawyers to discuss the implementation of lawyers law, lawyers generally believe that the investigation of the lawyer is difficult to see the problem is difficult, "Law Law" after the implementation of the law did not change the situation difficult to meet.
 
Why is this happening? The reason is that after the amendment of the lawyer law into effect, with the conflict of the Criminal Procedure Law did not make the appropriate changes, leading to the implementation of lawyers after the embarrassment.
 
Article 33 of the Lawyers Law stipulates that "the suspects are examined by the investigating authorities for the first time or the enforcement measures are taken, the lawyer entrusted by the lawyer practicing certificate, the law firm and the power of attorney or legal aid letter, The lawyer met with the suspect and the defendant and was not heard.
 
And the provisions of Article 98 of the Criminal Procedure Law is, "the entrusted lawyer has the right to know the suspects suspected of the investigation of criminal suspects, you can meet the suspects in custody, to the suspect to understand the case. Meet the criminal 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 with the suspects in custody, should be approved by the investigating authorities.
 
In other words, according to the provisions of the Criminal Procedure Law, in the investigation stage, lawyers meet the suspects, must be arranged by the investigating authorities. In practice, lawyers meet often go through the application from the application to the approval process, the authorities even for various reasons to stop, delay lawyers meet.
 
Lawyer law and criminal law of conflict caused by a strange phenomenon: lawyers took the lawyer law, law enforcement agencies took out the criminal law, public said justice, the woman said the woman is reasonable, who is not satisfied with who. This is not only the embarrassment of the two laws, but also the embarrassment of the dignity of the law.
 
The current solution to the conflict between the two methods is to modify the criminal law as soon as possible, and the initiation of the amendment of the Criminal Procedure Law will take some time, so before the revision of the Criminal Procedure Law, it is recommended by the relevant state departments first lawyer law and criminal law conflict Of the part, such as lawyers' meeting rights and other issues, from the procedures to refine.
 
The implementation of the Lawyers Law is of great significance to perfect the practice environment of lawyers and guarantee the legal rights of the parties. But a good law to achieve its best results, but also need to be in practice, "unimpeded" implementation. Can not implement the law, no matter how good is a soft law. Only in time for legal conflicts and loopholes to modify and improve the relevant legislation in order to maintain the dignity of the law. The legal rights and interests of lawyers are not only the protection of lawyers, but also the protection of the legitimate rights and interests of the parties to protect China's criminal procedure system.