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刑诉法第 96条对律师介入侦查活动作了专门规定 ,这既是“依法治国”、“司法公正”的具体体现和要求 ,也是依法保护当事人合法权益的需要。但由于法条规定比较原则 ,实际操作中容易出现歧义。本文依据法律和有关规定 ,结合自侦办案实践中遇到的一些问题就检察机关自侦部门如何进一步规范执行律师介入侦查活动的规定进行了探析。
Article 96 of the Criminal Procedure Law makes special provisions on the involvement of lawyers in the investigation, which is not only the concrete manifestation and requirement of “governing the country according to law” and “judicial fairness” but also the need of protecting the legitimate rights and interests of the parties according to law. However, due to the comparative principle of the provisions of the law, the actual operation is prone to ambiguity. Based on the law and the relevant regulations, this paper analyzes some problems encountered in the practice of self-investigation and case-handling, and probes into how the procuratorate organs should further regulate the implementation of lawyers’ intervention in investigation activities.