兑现久远的承诺:侦查早期辩护律师介入机制研究

Fulfilling an Overdue Promise:An Analysis of Defense Lawyer's Involvement in Early Stage of Investigation

自1996年刑事诉讼法第一次修正以来,我国就通过立法承诺犯罪嫌疑人有权在入所羁押前的48小时期间获得律师帮助。但因犯罪嫌疑人自行委托的通讯障碍、家属代为委托和办案机关转达委托的时效性障碍,导致该权利难以兑现。鉴于入所前阶段在口供获取方面的极端重要性和易发生非法取证的现实,刑事诉讼法后续修正时应赋予犯罪嫌疑人在该阶段的电话权和会见权,并在远期修法时逐步确立该阶段获得法律援助的权利和侦查讯问时的律师在场权。

Since the first revision of Criminal Procedure Law of the People's Republic of China in 1996,suspects are allowed access to defense lawyers during the 48-hour period prior to incarceration in detention center.However,due to obstacles to communicating with outsiders by the suspect,or delays in conveying messages by the police and hiring lawyers by family members,the right to lawyers prior to incarceration in detention center is rarely realized.As confessions from this stage are key to conviction,and police are often inclined to foul play in investigation,further amendments to the Criminal Procedure Law shall grant suspects access to phone calls and interviews with their lawyers before being incarcerated in detention center,eventually incorporating legal aid in this stage and right to have a lawyer's presence during police interrogation.