The Effective Defense Of Defense Lawyers In The Recovering System Of Stolen Property

The system of recovering stolen property is an important part of criminal procedural law.Public security organs recover stolen goods in accordance with the law to protect the victim’s property rights,and achieve judicial justice by depriving the criminal proceeds of the defendants.However,the system of recovering stolen property in our country tends to be powerful and enclosed,which excludes the substantive participation of the defendant and his defender.In practice,it is difficult for defense lawyers to intervene in criminal recovery of stolen goods effectively,so as to provide defense opinions on the identification,preservation,valuation,return and disposal of stolen money and goods.In result,the public security and judicial organs appear irregular behaviors during the recovery of stolen goods.And it is also not conducive to safeguard the legitimate rights of the prosecuted person.The principle of effective defense should be emphasized in our state laws,and the defense services provided by lawyers should also be strengthened in the field of criminal recovery of stolen property.Sometimes the public security organs behave illegally when they recovery of stolen goods in judicial practice,such as wrong identification of stolen money,illegal seizure and freezing,arbitrary temporary disposal and so on.Strengthening the effective defense in the field of criminal recovery can regulate their judicial behaviors.What’s more,our government always devoted to expand the scope of criminal defense and avoid the operation of public power which is not restricted by the right of defense in criminal proceedings.Strengthening the effective defense in the field of criminal recovery can contribute to achieve this goal.There are many factors that influence the lawyer’s effective defense in the criminal recovery of stolen property.Firstly,there is a certain amount of controversy over whether the legal services provided by lawyers in criminal recovery are criminal defenses during academia and the judicial circle.Secondly,the investigators tend to exclude the lawyers from the criminal recovery procedure based on the misunderstanding and understanding of the relationship between investigation and defense.Thirdly,the investigative organs hold the right to include and transfer the evidence materials in the criminal case file.If they don’t put the evidence of criminal recovery into the file,the defense lawyers can not understand the facts related to the recovery of stolen property and defense effectively by reviewing the case files.Finally,our country has not yet established relatively independent system which carries on the trial during the stolen money and goods,the defense lawyer lost the effective defense space and the platform for the booty recovery matter.In view of the above-mentioned factors,our country may strengthen the lawyer’s effective defense in the criminal recovery of stolen property from the following aspects.At first,clarify the nature of criminal defense in criminal recovery defense by stipulating directly in legislation so that the legal services provided by lawyers in the field of criminal recovery are criminal defense.Secondly,protecting the lawyer’s substantive right to participate in the recovery process during the investigation stage,so that they can enjoy equal litigation status with the prosecutor.Thirdly,ensuring the entry and transfer of the recovery evidence to facilitate the recovery of the stolen property.The evidence presented before the judge is helpful to maintain the neutral status of the judge and the equal litigation pattern.At last,constructing the trial procedures for substantive trial of stolen goods to encourage judges paying more attention on the defense status and defense opinions of lawyers.Through these reform measures,defense capabilities and defense effects in the field of criminal recovery can be effectively improved,so as to protect the lawful rights and interests of the defendants better.