Original title: Beijing intermediate court: for lawyers' application for investigation and evidence collection, the handling organ must respond.
"For the application of investigation and evidence collection by lawyers, the case handling organs must respond. If a written reply is required, the reasons shall be stated in writing. " In June 13th, a conference summary signed by the Beijing central court and the Beijing Municipal Judicial Bureau, the Beijing Municipal Public Security Bureau legal team and the Beijing Counsel Association required that the lawyer must fully safeguard the right of defense to achieve effective defense and substantive defense.
Www.the.paper.cn noted that the summary of the conference has also made it clear for the first time that if community corrections were applied, including recidivism, serious violence crimes, and so on, the defendant should be investigated and evaluated to prevent the criminal execution from nonstandard.
The case handling organ must respond to the lawyer's application for investigation and evidence collection.
This "conference summary" has 69 articles, taking the whole process of criminal procedure as the main line, including the main contents of adhering to the evidence referee, implementing the substantive trial of the court, guaranteeing the defense, standardizing the criminal execution and promoting the information construction.
To promote the reform of trial centered criminal procedure system, we must give full play to the functions and functions of criminal defense and fully protect the right of lawyers to defend.
The summary of the conference points out that, for such important procedural matters as arresting, reviewing and prosecuting, complements investigation and postpone handling, the case handling organs should promptly inform defense lawyers in written, telephone and SMS, and must ensure that lawyers have the right to know about procedural matters. In addition, the case handling organ must respond to the application of the lawyer's investigation and evidence collection. If a written reply is required, the reasons should be stated in writing.
In addition, the legal aid workstation should be set up by the court and the public security organ, and the guard should provide legal assistance to the suspects and the defendants at any time. "The case handling organ must provide the convenient work place and the necessary office facilities for the legal aid workstation and the lawyer on duty."
Promoting ordinary people to appear in court and establishing compensation level 1 protection measures
The collection of evidence has always been a difficult problem to protect the rights of lawyers. The summary of the conference points out that it is necessary to grasp the illegal evidence to exclude the "ox nose" of the reform, standardize the procedure and form of evidence from the link of the reconnaissance source, improve the evidence standard, and set up the full video recording of the interrogating defendants and inquiring the key witnesses. The working mechanism of surface transfer.
"By relieving the worries of witnesses appearing in court, promoting the proportion of witnesses appearing in court to testify, and implementing the principle of direct speech." The summary of the conference points out that on the basis of the existing key police witnesses and appraisers' working mechanism, we should energetically promote the ordinary people and the appraisers to appear in court, and establish and improve the specific measures for the first level protection of the witness in court, so as to clarify the main body of the responsibility and the financial guarantee.
It is worth noting that, in view of the disagreement between the time and scope of the presentation of evidence to the defendant before the court in judicial practice, the summary of the conference has also been standardized: the evidence of the defendants can be revealed to the defendant in front of the court, including the evidence, the record of the inspection, the documentary evidence, the documentary evidence and the material evidence before the court. To ensure that the defendant can effectively exercise the right of evidence in the trial, and ensure that the trial plays a decisive role in identifying the facts, identifying the evidence, protecting the right of appeal and the fair referee, "to stop the court trial and truly realize the substantiality of the court trial."
If a defendant is involved in recidivism, community correction must be investigated and assessed.
As the last link in the implementation of the trial, criminal execution, if there is a nonstandard phenomenon, or will directly affect the implementation of the trial - centered goal in judicial practice.
In response to this problem, the minutes of the meeting were carried out in all directions. For the first time, the situation of "investigation and assessment" should be refined.
"In practice, this problem has always been controversial, that is, whether the people's court must investigate and evaluate all the defendants who may be applicable to community correction before the decision." The Beijing Central Court pointed out that according to the summary of judicial practice for many years, the summary of the conference enumerated "six cases of recidivism, suspected of serious violence, etc." must be investigated and evaluated, and the accurate application of the investigation and evaluation was realized.
Editor in responsibility: Yu Pengfei
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