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犯罪嫌疑人在起诉前获得律师帮助权的重要性在我国仍未得到真正的重视。事实上,赋予嫌疑人起诉前律师权既是制约侦查机关权力的需要,也是充分维护嫌疑人权利,确保嫌疑人自白自由的需要。尽管现今可以对侦讯过程进行全程录音录像,但其仍无法替代律师在场的作用。在这个意义上,律师权的作用是无法替代的。起诉前嫌疑人律师权的内涵包括权利的告知、有为贫穷嫌疑人聘请律师的权利、有权放弃律师权的行使等内容。在美国法上,起诉前嫌疑人律师权的主张有明确性规制、视为主张规则和澄清规则三种。在起诉前嫌疑人主张律师权包含了律师权的主张等同于沉默权的主张、律师到场前应停止讯问以及权利的主张不限于本案件等多重效果。
The importance of the criminal suspects obtaining the help of lawyers before the prosecution has not been seriously valued in our country. In fact, giving pre-litigation lawyers the right of suspects is not only the need of restricting the powers of investigating authorities, but also the need of fully protecting the rights of suspects and ensuring the confession of suspects. Although the whole process of video recording of the investigation process can now be carried out, it still can not replace the presence of lawyers. In this sense, the role of lawyers is irreplaceable. The meaning of the lawyer’s right to suspect before prosecution includes the right to inform, the right to hire a lawyer for the poor suspect, and the right to abandon the exercise of the lawyer’s right. In the United States Act, the lawsuit before the suspect’s right to lawyers have a clear regulation, as the rules of advocate and clarify the rules of the three. Before the indictment, the suspect claimed that the lawyer’s right included the lawyer’s right, which was equal to the right to silence. The lawyer’s decision to stop interrogation and the rights before the court was not limited to the multiple effects of the case.