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美国学者杰利.S.科恩曾这样描述庭审过程:起诉人将一切证据的线索编排起来,去消除被告人无罪的一切疑点,从而织成一幅完整的罪恶图画;而辩护律师则以不同的方法处理这同一案件。他必须把起诉人编织起来的完整产品拆毁、撕碎、捣烂,要有对这些东西吹毛求疵、穷追猛打,直至彻底粉碎案件基础的思想。可见,辩护权与控诉权于庭审中激烈对抗,辩护权亦于庭审中发挥得最为淋漓尽致,不可否认,辩护权的行使必定会把一幅与控诉别样的“案件事实”的画面呈现于法官的面前,这对于案件事实的查明有何影响,值得我们沉思。以下本文仅探析庭审阶段辩护权的行使对查明案件事实的作用,是越辩越明?或是越描越黑?
The American scholar Jerry S. Cohen described the process of court hearing in such a way that the prosecutor arranged all the clues of evidence to eliminate all the doubtful points of innocence of the defendant and thus formed a complete picture of evil. The defense lawyer, on the other hand, Method to handle this same case. He must demolish, torn, smashed the entire product woven by the Prosecutor, and must have the ability to pick things up and pursue them until they completely smash the foundations of the case. It can be seen that the right of defense and complaint are fiercely confronted in the trial and the defense right is most vividly played in the trial. It is undeniable that the exercise of the right to defend will certainly present a picture of the “case fact” that is different from the complaint in the judge’s In the face of this, the facts of the case to identify what the impact, it is worth pondering us. The following article only explores the role of the exercise of the right of defense in the court trial to identify the facts of the case, is the more clear the more clear?