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律师在刑事辩护中,有时会碰到这种情况,刑事被告人出于对辩护律师的信任,向辩护律师供述了自己尚未被公安、司法机关掌握的犯罪事实,即通常所说的漏罪(余罪)。对这种情况,辩护律师应该怎么办? 不少同志认为,在我国,律师是国家的法律工作者,负有维护国家利益和人民利益的责任。依照我国《刑事诉讼法》第三十七条之规定,应当揭发论证被告人的漏罪,履行一个公民应尽的作证的义务。退一步讲,辩护律师也应当利用自己是辩护人的有利条件,动员说服被告人向有关部门坦白交待,争取宽大处理。如果说服不了,辩护律师应当根据我国《律师暂行条例》第六条之规定,以被告人“没有如实陈述案情”为由,拒绝担任辩护人。笔者认为,对上述情况,律师作为辩护人,既不可以揭发论证刑事被告人的漏罪,也不能拒绝担任辩
In the criminal defense lawyers occasionally encounter this situation. The criminal defendant, out of his trust in the defense lawyers, has confessed to his defense lawyers the fact that he has not yet been held by the police and the judiciary, Yu Gui). In this case, what should a defense lawyer do? Many comrades think that in our country lawyers are the legal workers in the country and bear the responsibility of safeguarding the interests of the state and the people. In accordance with the provisions of Article 37 of the Criminal Procedure Law of China, it shall be demonstrated that the defendant has been found guilty of any breach of the law and that he should fulfill his obligation as a citizen to give his full testimony. Take a step back, defense lawyers should also make use of their favorable conditions as defenders to mobilize and persuade the defendants to confess to the relevant departments for leniency. If persuasion can not be persuaded, the defense lawyer should refuse to act as the defender on the ground that the defendant did not truthfully state the case on the basis of Article 6 of the Provisional Regulations on Lawyers. The author believes that the above situation, lawyers as defenders, both can not be exposed to prove the criminal defendant’s fault, can not refuse to serve as a defense