从李庄案二审看辩护律师的独立性

To Consider the Independence of Defense Counsel from the Second Instance of Li Zhuang's Case

当前,辩护人作为一独立、自主的司法单位的地位,已经在各法治国家立法中获得普遍肯认,由此出发,辩护律师为了维护被告人的利益,有权在被告人意思表示之外展开独立辩护,而不受被告人意思表示的拘束。但是,辩护律师独立辩护的原则亦非绝对,辩护律师只能就其固有权利行使独立辩护权,且只能在忠实于被告人利益的前提下展开独立辩护。在"李庄案"二审程序中,辩护律师在被告人认罪的情况下仍然可以坚持作无罪辩护的行为,因为出庭辩护权属辩护人固有权利,且该辩护意见实质上是有利于被告人的,因而并不违法(理)。

Currently, every country nded by law generally accepts the defense counsel＇s status that is an independent and autonomous judiciary. Then in order to safeguard the interests of the defendant, the lawyers have the rights to independently defense for the defendant beyond his intention, and are not restricted by his intention. But the principle of the independent defense is not absolute, the defense counsel can only base on their inherent rights to exercise the right of independent defense, and they must be loyal to the interests of the defense. In the case of defendant confession in the second instance of Li Zhuang＇s case, the right of defense in court is inherent right, and the defense comments are also essentially beneficial to the defendant, so the defense counsel＇s behavior is not illegal.