论文部分内容阅读
2012年刑事诉讼法进一步完善了辩护制度,扩大了法律援助的范围,尤其是新法第34条和第267条对原有规定作了较大调整,由此也带来了辩护种类命名上的分歧。被追诉人申请的法律援助是为狭义的法律援助辩护,而办案机关依职权通知的法律援助是为传统意义上的指定辩护;二者虽可统摄于广义的法律援助辩护概念之下,但使用指定辩护更具有妥当性;使用这些概念时需注意其分类标准与适用范围,否则容易产生混乱。同时,《法律援助条例》与新刑事诉讼法存在诸多不协调之处,需要尽快修改。
In 2012, the Criminal Procedure Law further perfected the system of defense and expanded the scope of legal aid. In particular, Articles 34 and 267 of the new law made major adjustments to the original rules, which also led to the naming differences between the types of defense . Legal aid applied for by the respondent is a defense of narrow legal aid, while legal aid notified by the handling agency on its ex officio notice is a defensive designation in the traditional sense. Although both can be modeled after the concept of general legal aid defense, Designated defenses are more appropriate; use of these concepts should pay attention to its classification criteria and scope of application, otherwise prone to confusion. At the same time, there are many inconsistencies between the Legal Aid Ordinance and the new Code of Criminal Procedure, which needs to be amended as soon as possible.