Research On The Right To Vertify Evidence Of Defense Lawyers

In 2012,the Criminal Procedure Law added the content that defense lawyers verify evidence to criminal suspects and defendants,but the legislation did not make detailed provisions on the content,scope and method of defense lawyers verifying evidence.The newly revised criminal procedure law of 2018 retains this content,and the provisions on the right of defense lawyers to verify evidence have not changed compared with 2012,which are still summarized in one sentence,and the relevant judicial interpretation does not mention the relevant issues of defense lawyers to verify evidence.This has led to the problem that the right to verify evidence of defense lawyers can not be fully guaranteed in litigation practice,and there are great disputes in the theoretical and practical circles.Based on this,this paper analyzes the basic principles of verification evidence,reveals the legislative and practical problems existing in the current situation of the right to verify evidence of defense lawyers in China,and draws on the experience of foreign countries and regions,Some suggestions on how to improve the right are put forward.First of all,the basic nature and value of the right to verify evidence are analyzed,and it is determined that the nature of the right to verify evidence of defense lawyers is different from that of criminal suspects and defendants.And from the angle of entity,procedure and efficiency,it affirms the important value of the right to verify evidence.Secondly,it discusses the current situation and existing problems of the right.At present,only the fourth paragraph of Article 39 of the criminal procedure law has made a general provision on this right,and there is no relevant judicial interpretation to elaborate on this right.In the aspect of legislation,there are some problems such as unclear right content,unclear scope,uncertain way and so on,as well as legislative blank of relevantrelief measures.In the aspect of practice,the verification of evidence by defense lawyers will lead to a series of practice risk problems.Finally,combined with the mature practice of foreign countries,this paper puts forward some suggestions on the improvement of the right to verify evidence of our defense lawyers.Specifically speaking,as long as the content of the evidence verified by the defense lawyer is questionable subjectively,the evidence that is not consistent objectively can be verified.As for the scope of verification evidence,defense lawyers can verify both physical evidence and verbal evidence,but at the same time,they should also prohibit the disclosure of sensitive information,such as personal information,information of accomplice at large,etc.As for the way of verifying evidence,in principle,some evidence materials can be presented to the criminal suspects and defendants.However,in order to avoid causing unnecessary litigation risks and improve judicial efficiency,the confession and defense of the suspects and defendants in the same case can be limited to verification only by means of oral communication.At the same time,we should also improve the relevant relief measures of the right of defense lawyers to verify evidence,appropriately expand the criminal immunity in the practice of defense lawyers,and better promote the exercise of the right of defense and the right of cross examination.