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为强化律师作用、抵御侦查侵权,需将介入侦查的律师调整为辩护人。侦查辩护不仅是为审查起诉及审判辩护做准备的,更是直接保护嫌疑人权利的“独立性辩护”。它是基于侦查阶段人权救济的迫切性、嫌疑人主体地位保障及侦查构造改革需要而展开的。为拓展侦查辩护,需扩充律师对强制措施适用的参与;赋予律师重大案件讯问时在场权,并延伸至辨认、搜查及强制采样等“关键环节”;赋予嫌疑人启动司法审查及救济的权利;还需强化司法解释已规定的非法证据排除、检察对侦查的监督、律师权保障及侦查法律援助等制度的落实。
In order to strengthen the role of lawyers and defend against infringement of investigation, the lawyers involved in the investigation should be adjusted as defenders. The investigation defense is not only prepared for the examination of the prosecution and trial defense, but also the “defense of independence” that directly protects the suspect’s rights. It is based on the urgency of the remedy of human rights in the investigation stage, the guarantee of the suspect’s dominant position and the need of reconstructing the investigation structure. In order to expand the defense of investigation, it is necessary to expand the lawyers’ participation in coercive measures; to give lawyers the right to be present at the time of interrogation and extend them to “key links” such as identification, search and compulsory sampling; grant suspects to initiate judicial review and relief Rights; also need to strengthen the judicial interpretation has been provided for the exclusion of illegal evidence, the prosecution of the supervision of the investigation, the protection of legal rights and the investigation of legal aid and other implementation.