论文部分内容阅读
一、问题的提出辩护律师在会见犯罪嫌疑人、被告人时,是否可以将自行调查取得的证据和从承办机关获取的全部案卷材料,出示给委托人,向其核实有关证据?换一个角度,嫌疑人、被告人对于自己委托的辩护律师,所掌握的全部案件证据是否有知情权?这是司法实践中,各方长期存在争议的问题。一般情况下,辩护律师出于进一步了解案情、调查取证之目的,在庭前会见时让嫌疑人、被告人仔细阅读、辨认案卷材料和收集到的证据材料,并不会产生什么争议。但是,当案卷材料中有大量证人证言时、不能出庭的证人证言相互矛盾而被告人又
I. Issues raised When a defense lawyer meets with a criminal suspect or a defendant, can the evidence presented by the investigation agency and all the case files obtained from the contractor be presented to the client and verified with the suspect and the defendant? From another perspective, Whether the suspects or the defendants have the right to know all the evidence in their possession for the defense lawyers entrusted by themselves is a question that has long been controversial among all parties in judicial practice. Under normal circumstances, defense lawyers for the purpose of further understanding of the case, the investigation and evidence collection, the meeting in front of the suspect, the accused to read carefully to identify the case file and the collection of evidence to produce no controversy. However, when there is a large number of witness testimonies in the case file, witness statements that can not appear in court are contradictory and the defendant