英语论文网

legally conceal illegal substance . " Criminal Procedure " on page 128 , paragraph 1, provides that " during the investigation and found that the suspect had another important crimes , from the date of discovery in accordance with the provisions of section 124 of this Act recalculated investigative detention period in the investigation activities , the investigating authorities handling the case in order to win more time , is often found in several crimes , the crime of intentional first with a reported catch, and then arbitrarily decided to recalculate the detention period , such as investigating authorities the suspect to the crime a request for approval of arrest expiry of the period of detention already mastered B to the crime of criminal suspects recalculated detention period , and even then to C sin again recalculate the detention period to make a decision until the investigative organs of the investigation objective D sin hold of all the evidence so far.

( 4 ) willfully fails to fulfill this obligation . " People's Procuratorate Rules of Criminal Procedure ," " public security organs for criminal cases, procedural requirements ," provides that in accordance with the law of criminal suspects interrogated or the first date of compulsory measures are taken , it shall inform the suspect the right to hire a lawyer to provide legal advice, complaints, charges and informed of the situation on record. But in practice, this provision has not been consistently great . Investigators are often reluctant to inform the suspect of this right in practice, lawyers involved in the investigation phase of the low proportion .

( 5 ) undue restrictions on the right to meet with lawyers . " Criminal Procedure Law " Article 96 , paragraph 2 , by the appointed lawyer "to meet with the suspect in custody , the suspect about the case ." Supreme People's Court and other six ministries "on the implementing of Criminal Procedure issues " Article 11 also provides that : 􀀂 lawyers met with the suspect , they shall arrange a meeting within 48 hours . Parties exist in practice lawyers met obstacles : Meets non-classified cases , but also through layers of approval or a disguised approval ; in cases involving state secrets grounds, allowed the lawyer ; to investigators is not grounds to delay the date of the meeting arrangements ; limiting the time and frequency of meeting .

( 6 ) " torture , implicit torture, allowed the suspect to rest, eat, drink and continuous interrogation , of which the most prominent phenomenon is not allowed to sleep , so that the parties can easily lead to confusion, or tired, for the sake of opportunities against his confession was sleeping . " [ 3 ] based on the questionnaire data show that 31.75% of people think that torture is the most important procedural lawlessness .

( 7 ) Abuse search powers . Criminal Procedure Law enforcement procedures for searching for a more stringent requirements , including: investigators to conduct a search , you must present the warrant to the person to be searched , there should be searched or his family members , neighbors or other witnesses present ; searched women the body shall be conducted by female staff ; circumstances of a search should be a written record , by the investigators and the person searched or his family members, neighbors or other witnesses s