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刑事诉讼中律师的角色问题,是几年来暴露问题最多,也是现在最需要深入研究的问题,尤其是在新修改后的刑法典第306条确立了“辩护人、诉讼代理人毁灭证据、伪造证据、妨害作证罪”后,有不少律师因涉嫌犯有该罪而受到刑事追诉,间接导致了刑事辩护率的下降和刑事辩护业的逐步萎缩。由此,曾在学术界、律师界、司法界和立法界引起过激烈争论的律师刑事责任豁免权再次成为立法和司法亟待解决的问题。
The problem of lawyers in criminal litigation is the one with the most problems exposed in recent years and the one that needs the most research nowadays. In particular, Article 306 of the newly revised Penal Code establishes that “defenders and litigators destroy evidence, falsify evidence, Hinder the testimony of a witness ”, many lawyers were prosecuted for criminal acts on suspicion of having committed the crime, indirectly leading to a drop in the rate of criminal defense and a gradual decline in criminal defense. As a result, the lawyers, the lawyers, the judiciary and the legislature have caused controversy lawyers criminal liability immunity again become the legislative and judicial issues to be solved.