新刑事诉讼法视野下律师讯问在场权之再判断

Re-judgment for Attorney's Presence Rights at Interrogation From the View of the New Code of Criminal Procedure

律师讯问在场权是指从犯罪嫌疑人被侦查机关第一次讯问时或者采取强制措施之日起至侦查终结前,辩护律师在每次讯问时到场对侦查人员的讯问行为进行见证和监督的权利。有观点认为,赋予律师讯问在场权虽具有积极意义,但鉴于我国的立法现状和司法实践,确立这一制度还存在一些障碍。本文认为,随着刑事诉讼法修正案的颁布和实施,目前各方面条件已基本成熟,前述疑虑似可消除,应尽快在我国建立律师讯问在场权制度。

Attorney＇s presence rights at interrogation refers to the first interrogation of criminal suspects by investiga- tion organ, or compulsory measures before the end of investigation. From the date of the defense attorney of investigators, attorney has tlle right of witness and supervision in every questioning. It is thought that it is positive at some degree for lawyers to question at spot, but there still exist some obstacles for the establishment of this system considering our country＇ s present legislation and judicial practice. This paper argues that along with the promulgation and implementation of the criminal procedure law amendment, currently, various aspects has become mature. The concerns can be eliminated. The stem of lawyers fights of interrogation should be built in our country as soon as possible.