Empirical Research on the Reform of Criminal Pre-Trial Procedures: Lawyer Presence (Trial) in Investigative Interrogation Procedures

Author: Fan Chongyi
Publisher:
Publish Date: 2006-03-01
Features: This book is the final research outcome of the on reform of the criminal pre-trial procedure. It is divided into four parts: Part I is "An Overview of Research on Criminal Pre-Trial Procedure Reform," which first elaborates on the status and role of criminal pre-trial procedure under the theoretical premise of the litigation structure, and then summarizes and argues the concepts and principles of criminal pre-trial procedure. As a theoretical research foundation, this part also conducts research on major issues in criminal pre-trial procedure, such as the relationship between police and prosecutors, the administrative nature of investigative power and its judicial control, the investigative model and the role of lawyers in pre-trial procedures, prosecution and legal supervision, and the prosecutor's discretion in prosecution. The second part conducts research on the right to presence of lawyers in criminal proceedings, introducing the status, role, and main rights of lawyers in criminal pre-trial procedures in common law and civil law countries. It specifically examines the legislative provisions, implementation conditions of the right to presence of lawyers, and particularly how to construct this right at the institutional level in China, analyzing comprehensively the necessity, feasibility, and construction approach of establishing this system. This provided the basis for the smooth progress of the project. The third part is a summary of the presence (experimental) in investigative interrogation procedures, which refers to the empirical trial of investigative personnel's first interrogation of criminal suspects and the full-process interrogation of criminal suspects with the presence of lawyers, introducing the problems encountered in the trial. The fourth part is the appendix, which includes project-related trial reports, research reports, and summary reports.