侦查阶段辩护律师调查取证权探讨

Discussion on the Right to Investigate of Defense Lawyers in the Stage of Investigation

自新刑诉法颁布以来,律师以辩护人身份参与到刑事诉讼中,从原刑诉法的审查起诉阶段提前到了侦查阶段。律师在侦查阶段身份的变化必然导致侦查阶段律师辩护权利的变化。然而在诸多辩护权利中律师在侦查阶段调查取证权的有无以及大小一度成为了探讨热点。调查取证权是律师刑事辩护权利一项重要内容,侦查阶段调查取证权的有无,直接影响辩护律师所发挥的辩护作用,也影响着控辩双方证据实力的强弱。

Ever since the new Criminal Procedure Code came into effect , the time point when lawyers can take part in the criminal procedure as defenders has been advanced from the stage of prosecution to the stage of investi -gation.The change of lawyers＇role in the investigation stage will undoubtedly lead to a new right to defense .How-ever , among the different kinds of defense rights , the one to investigate in the investigation stage has attracted a lot of attention：whether it exists or not and how it is exercised are being discussed .Such a right is very important and will directly affect the work of the lawyers and the testification of both the prosecutors and defenders .