关于加强死刑案件辩护的若干问题

Some Issues on Strengthening the Defense in Death Cases

为使死刑的判处及执行做到万无一失,加强死刑案件的辩护是诸多保障、控制措施中最重要的措施之一。首先,在一般诉讼程序中,应当保障死刑案件的犯罪嫌疑人从立案侦查起有权获得律师辩护;建立讯问死刑案件犯罪嫌疑人律师在场或录音录像制度;赋予死刑案件的辩护人介入有关侦查活动的权利;其次,在死刑复核程序中,应当确立并保障被告人及其辩护人享有与死刑复核程序的特点和审理方式相适应的辩护权;最后要加强对死刑案件辩护的培训和指导,提高辩护人的执业素质和辩护技能。

In order to protect the decree and enforcement of death sentence are absolutely sure, enhancing defense in death sentence cases is one of the most important measures. Firstly, in general proceeding, protecting suspects in death sentence cases have right to counsel at the beginning of investigation; establishing related measures such as presence of attorney, audio recording or video recording when police interrogation and granting defense lawyers have right to participate investigation. Secondly, in death penalty review procedure, establishing and ensuring the accused and his （her）lawyers have corresponding right to counsel with the peculiarity and trial mode of the death penalty review procedure; Finally, strengthening the training and guidance to counsel in death sentence cases is to advance defense lawyers＇ professional quality and defensive skills.