2005Unpublished venueRequires access

On the Right to Defence of the Criminal Suspect and Its Guarantee

Liu Mei-xiang

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Abstract

As an investigated individual, the criminal suspect should have the right to defense. Compared with the defendant's right to defense, that of the criminal suspect has the dissimilarities in terms of space,time and enviroment, which come to a decision that a corresponding guarantee mechanism should be established. The right to defense of the criminal suspect has been correspondingly provided in a series of international documents of United Nations, And the main countries under the rule of law have given the right to the criminal suspect even more than that of the international standard. According to the international standard and the advanced practice of the countries under the rule of laws, our law should give the criminal suspect the right of silence, the right to possess lawyer's presence while being interrogated, the right to contact and meet with a lawyer freely, and the right of acquiring legal aid, etc. lawyers'right to consult materials and collect evidences etc, should be guaranteed as well.

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What this paper is about

As an investigated individual, the criminal suspect should have the right to defense. Compared with the defendant's right to defense, that of the criminal suspect has the dissimilarities in terms of space,time and enviroment, which come to a decision that a corresponding guarantee mechanism should be established. The right to defense of the criminal suspect has been correspondingly provided in a series of international documents of United Nations, And the main countries under the rule of law have given the right to the criminal suspect even more than that of the international standard. According to the international standard and the advanced practice of the countries under the rule of laws, our law should give the criminal suspect the right of silence, the right to possess lawyer's presence while being interrogated, the right to contact and meet with a lawyer freely, and the right of acquiring legal aid, etc. lawyers'right to consult materials and collect evidences etc, should be guaranteed as well.

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Available abstract

As an investigated individual, the criminal suspect should have the right to defense. Compared with the defendant's right to defense, that of the criminal suspect has the dissimilarities in terms of space,time and enviroment, which come to a decision that a corresponding guarantee mechanism should be established. The right to defense of the criminal suspect has been correspondingly provided in a series of international documents of United Nations, And the main countries under the rule of law have given the right to the criminal suspect even more than that of the international standard. According to the international standard and the advanced practice of the countries under the rule of laws, our law should give the criminal suspect the right of silence, the right to possess lawyer's presence while being interrogated, the right to contact and meet with a lawyer freely, and the right of acquiring legal aid, etc. lawyers'right to consult materials and collect evidences etc, should be guaranteed as well.

Key concepts: Suspect, Criminal procedure, Law, Criminal law, Political science, Criminology, Psychology

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