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新《刑事诉讼法》完善了律师在刑事诉讼中的地位和作用,明确犯罪嫌疑人在侦查阶段可以委托律师作为辩护人,确认了律师的辩护人身份。新刑诉法完善了律师会见程序、确保律师在刑事诉讼过程中的阅卷权和调查取证权的落实,基本解决了律师在刑辩业务中的“三难”问题。其增加了非法证据排除规则,平衡了控辩双方在取证能力上的差异;专章设置了刑事和解制度,为律师在刑辩业务中开展刑事和解打好了基础。
The new “Code of Criminal Procedure” has perfected the position and role of lawyers in criminal proceedings. It is clarified that the criminal suspects can be entrusted with lawyers as defenders in the investigation and confirm the identity of lawyers as defenders. The new Criminal Procedure Law improves the procedures for meeting with lawyers and ensures the lawyers ’right of reading and investigating and obtaining evidence in the course of criminal proceedings. It basically solves the problem of lawyers’ “three difficulties” in their criminal defense duties. It increases the rule of exclusion of illegal evidence and balances the differences in the ability of both prosecution and defense in obtaining evidence. The special chapter sets up the system of criminal reconciliation, laying the foundation for lawyers to carry out criminal reconciliation in their criminal defense.