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2005年3月以来,中国政法大学与北京、河南、甘肃三地公安机关合作,正式启动“三项侦查讯问试验项目”。规定犯罪嫌疑人在接受公安机关第一次讯问时,可以要求律师在场,或者对讯问全程进行录音、录像。这也宣告律师在场权的试验性启动。我国现行刑事诉讼法第96条规定:“犯罪嫌疑人在被侦查机关第一次讯问后或者采取强制措施之日起,可以聘请律师为其提供法律咨询、代理申诉、控告。……”。虽然我国刑事诉讼法将律师介入刑事诉讼的时间提前到侦查阶段,但律师正式行使刑事辩护权的时间仍是从案件被移送审查起诉之日起,我国律师在侦查阶段并不享有辩护权,当然也就不包括讯问时的律师在场权。笔者本文将论述讯问中律师在场权制度的构建。
Since March 2005, China University of Political Science and Law has formally launched the “Three Investigation and Interrogation Pilot Projects” in cooperation with public security organs in Beijing, Henan and Gansu. Provisions of the criminal suspects in the public security organs for the first time interrogation, you can ask a lawyer presence, or to the entire recording, video recording. This also proclaims the pilot launch of the lawyer’s presence. Article 96 of China’s existing Code of Criminal Procedure states: “A criminal suspect who has been interrogated by the investigating organ for the first time or on the date of taking coercive measures may employ a lawyer to provide legal advice, represent the appeal, and charge ...”. Although the criminal procedure law of our country advances the time of the lawyer in the criminal procedure to the stage of investigation, the time when the lawyer formally executes the criminal defense right is still from the date when the case was transferred to prosecutorial prosecution. Our lawyers do not have the right of defense in the investigation stage, of course Does not include the right of counsel at interrogation. The author of this article will discuss the construction of the lawyer’s right of presence in interrogation.