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在刑事诉讼尤其是法庭审理过程中,经常出现担任被告辩护人的律师,有时出示自行调查的材料,在法庭上宣读或要求审判人员代为宣读,并提交法庭请求作为本案处理依据予以备查。然而,公诉人或审判人员,对此往往以不是公、检、法人员的调查材料不能作为证据为理由,予以拒绝,有的甚至还要指责。律师遇到由自己认真负责不辞辛劳甚至远涉千里取得的劳动成果(调查材料),得不到合理合法承认乃至歧视而感到委曲和气愤,却又无可奈何。因为,我国刑事诉讼法第31条,第32条、第34条规定的刑事证据,是指侦查、检察、
In criminal proceedings, especially in the courtrooms, lawyers serving as defenders of the defendants often appear and sometimes produce materials that they conduct their own investigations. They are either read out in court or tried on their behalf for readout, and submitted to the court for examination as a basis for handling the case. However, the public prosecutor or judicial officer often rejects the investigation materials that are not male, prosecutors and legal personnel as evidence, and some even blame them. Lawyers feel helpless and resentful when they encounter the fruits of labor (investigation materials) they earnestly and responsibly worked tirelessly or even for a long time, without obtaining reasonable and legitimate recognition or even discrimination. Because, China’s Criminal Procedure Law Article 31, Article 32, Article 34 criminal evidence, refers to the investigation, prosecution,