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辩护律师在履行职责的过程中知悉犯罪嫌疑人、被告人还没有被指控的犯罪事实,对此该如何处置,我国法律尚未有明确的规定。笔者认为,从实现刑事诉讼民主和维护诉讼职能分工乃至最终实现诉讼价值、维护辩护制度、实行刑事诉讼的目的、律师职业等角度出发,辩护律师在履行职责的过程中知悉犯罪嫌疑人、被告人还没有被指控的犯罪事实,在劝说无效的情况下,可采取拒绝辩护的方式,而不应履行告之的义务。
In the process of performing their duties, the defense lawyer knows the criminal facts about the suspects and the accused who have not been accused. How to deal with this is not yet clearly stipulated in the law of our country. The author believes that from the point of view of realizing the democracy of criminal proceedings and maintaining the division of functions of lawsuits and finally the value of lawsuits, safeguarding the defense system, the purpose of implementing criminal proceedings and the profession of lawyers, the defense lawyers know the suspects and defendants in the process of performing their duties Not yet accused of the facts of the crime, persuasion is invalid, can take the way of refusing to defend, and should not fulfill the obligation to be informed.