a considerable number of criminal suspects transferred to prosecutors in the prosecution or the prosecution were often overturned in the guilt phase of investigation and interrogation statements, and attributed the retraction phase of investigation Investigators questioned on their offense.
questioned by investigators suspect the presence of the whole process of lawyers, audio, video, investigators can obtain the understanding and support, especially in the containment of repeated torture, confessions, and the quality of landslide protection of rights of the parties can not underestimate the positive role of
as a Procedural Law Research Centre, University of criminal pretrial procedure initiated reform demonstration (pilot) project approved project, 8 years of trial, the State amended the Criminal Procedure Law has accumulated rich and valuable experience.
first stage
first questioned the presence of counsel
2002 年 7 months, consultations, all seem to not be a problem. But when the discussion group to prepare the final rush to finalize the pilot program in Shenzhen, has expressed support for the public security bureau, a sudden volte-face, resulting in 6 led to the Shenzhen Fan Chongyi eat the
Zhuhai.
2002 9 12, when the chairman of Guangdong Province, Zhuhai Municipal People’s Procuratorate of the Yang Jinhua warm reception of the Fan Chongyi and 4 Criminal Procedure Law of the Doctoral Students, promised to pay for Fan Chongyi the pilot project on the hospital. Yang Jinhua called Anti-Corruption Bureau investigators trained by the discussion group to develop a pilot scheme. To ensure the presence of lawyers for timely and abide by the duties, Zhuhai City Bar Association, more than 70 lawyers selected for training, and developed a special working conditions, develop a detailed work plan.
Initially, the research group in Zhuhai City Procuratorate has been strongly challenged during trial, prosecutors handling the case that Hospital in Zhuhai City Procuratorate support of the leader of the task group is divided into three groups, completed a hospital three cases of suspected corruption and bribery cases of the first Interrogation test the presence of counsel. Experimenter to see:
investigators questioned by law, and civilized handling cases, no examination for the presence of lawyers to participate in the activities of normal interrogation; criminal suspects by law to defend, there is no explanation for the presence of lawyers and resistance; lawyer present to protect not only the suspects in the interrogation of legal rights and legal rights, but also witnessed questioned the legality and effectiveness.
test
the presence of counsel questioned the whole
concerns exist:
reporter from the discussion group at the Haidian branch of the first test to see the summary materials: 2003 13 January to 20 August, the research group in the Haidian Branch of Beijing Public Security Bureau carried out a normal criminal case, No. an Interrogation attorney present experimental work. More than 190 days in the trial period, a total of 220 discussion group, nearly 300 suspects were first questioned in the presence of counsel test, also conducted in some cases, live audio and video recording.
After this test, Haidian Branch of Beijing Public Security Bureau police Jin Zhihai found, questioned in the presence of counsel or sound recordings, films, police handling the case will no longer blindly try every means to obtain confessions, but to put more effort the collection of other evidence.
It is understood that the trial period, Haidian Branch, has also handled the
According to Fan Chongyi
recalled that after more than 190 days, in topic group and Haidian Branch of exchange of views and reached unanimity – a breakthrough for the first time questioned the restrictions, the suspect, investigators questioned both for each arrangements for the presence of counsel until the conclusion of investigation.
this breakthrough means test to promote to a deeper level.
second trial began May 24, 2004, and ended in September 28 and lasted four months. In the meantime, the research group a total of 21 criminal suspects from being coercive measures (usually criminal detention) after acceptance of the investigators first questioned, the presence of counsel for each examination were scheduled to participate, have questioned a total of 47 games.
one involved in the pilot of the civilian police, said police in the past part of the over-reliance on confessions, pay no attention to studying the wisdom of the investigation and input, uncivilized questioning, and even prone to argument for, You Gong phenomenon. During the trial, we found that the former
discussion group from the Haidian branch of the test are the following revelation:
of the investigators Interrogation of the whole process of the presence of lawyers, investigators can get is the understanding and support; the normal conduct of Investigation virtually no negative impact, but there will be a positive significance; most of the suspects people, especially those suspected of intelligence, economic type of crime have welcomed the presence of lawyers participating investigators questioned them; the presence of counsel extended to some procedural progress in handling cases, and finally, the increase in litigation costs; very valuable is that In the containment of repeated torture, confessions of quality and the protection of Landslide rights of the parties can not underestimate the positive role of … …
the second phase of testing
audio and video recordings containing torture
the first stage of summary trial, investigators examined the entire process suspect the presence of lawyers, of positive significance in curbing torture. But over the years, the research group of experts continued to stir concern about the country’s Yunnan Du Peiwu case, the Case of She Hubei, Hebei, Jiu-Ming Li case, Henan Xu Jingxiang case, all working with these major miscarriages of justice are directly related to torture, because of Interrogation are closed in a safe state for the common features, without a lawyer involved in the scene, there is no recording, video recording and reproduction, the research group noted that this rise to two prominent phenomenon:
One is a considerable number of criminal suspects transferred to prosecutors in the prosecution or the prosecution were often questioned in the investigation stage of its overthrow by the confession of guilt; First Tichu retraction of criminal suspects and defendants are basically regarded blamed the investigation stage retraction investigators questioned on their offense.
To this end, the presence of trial lawyers in the interrogation process based on the Procedural Law of China University of Political Science Research Center, another project in 2005, joined Interrogation audio, video (test) project, the only previous Interrogation a lawyer present an experimental extension to the whole presence of counsel, sound recordings, films of three test methods.
reporter was informed of the task group in the second phase of the trial from April 2005 until mid-year by the end of November the official end of the Beijing Municipal Public Security Bureau Haidian Branch, Jiaozuo City Public Security Bureau liberation Branch, Silver City, Gansu Province Public Security Branch was selected as experimental units of silver.
, during the trial, he’s handling the case where the police unit involved in the pilot has been significant change in the past. Facing the camera, in the past are not standardized, uncivilized, casual questioning, behavior unbecoming of the situation has been greatly improved.
discussion group during the test were collected to reflect the parties, concluded the second phase of the formation of a monograph, / p>
a little nervous, but after a period of time to gradually adapt to their greatest change is, first of all before the examination to make preparations; second in the interrogation to facts and reason, and civilized interrogation; again, encourage them to interrogation techniques and interrogation tactics on many brains, many efforts.
and methods have not challenged.
up to 486 in this monograph, the reporter saw a lot of statistics, charts, classified investigation. Discussion group at the conclusion put forward to test the importance and positive significance:
it will greatly promote the investigation and interrogation process of reform, explore effective ways to curb the phenomenon of torture or measures to strengthen the criminal investigation and interrogation of suspects in the protection of legitimate rights and interests; it will greatly promote the way investigators questioning, thinking to change the way then promote the change detection mode, so that the criminal pretrial procedure a fundamental change, especially for the gradual elimination of Marxism have an important impact statements; it will promote the overall efficiency and litigation proceedings Justice.
test the ultimate goal
urged
, video to training materials, funding solutions to resolve the situation.
It is understood that last year in March, led by Fan Chongyi 12 doctoral students in support of the Supreme People’s Procuratorate, to Wuxi, Jiangsu Province, Zhejiang Province, Ningbo, Wuhan Hanyang District, Guangzhou City, Haizhu District, Yunnan Pu’er City other 5′s Procuratorate, on the implementation of the
this year on January 19, Procedural Law of China University of Political Science Research Center, wrote a letter to the Supreme People’s Procuratorate, the Anti-Corruption Office, submitted a The report, effect of evidence, technical updates, support facilities, audio and video products, preservation and storage, etc., related to the promotion of a positive reference for the reform.
because it will be handling the promotion of national civilization, justice and progress are very important institutions and initiatives, I am confident.
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