审前程序中的程序性辩护

On Procedural Defence in Pretrial Procedure

以程序法为依据,针对刑事诉讼中的程序性争议提出主张或提出程序性申请,以期维护或实现被追诉者程序性权利的辩护即为程序性辩护。审前程序中程序性辩护的主体主要是犯罪嫌疑人及其辩护律师;权利内容由申请或异议权等四个方面的权利构成;程序性辩护的权利客体涉及程序性争议及程序性申请两大方面。

The procedural defence is a type of defence the purpose of which is raising a claim or procedural application aiming at procedural dispute in criminal proceedings to protect or realize the procedural rights of the accused based upon the procedure law. The suspects and their defence attorney are those who implement the procedural defence in pretrial; the right contains four aspects such as application and opposition ; object of the procedural defence right involves two main categories of procedural dispute and procedural application,