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近年来我国律师参与刑事诉讼的案件比例呈下降趋势,有近一半的犯罪嫌疑人或被告人是在没有律师提供帮助的情况下受到指控并接受审判的。这不利于犯罪嫌疑人、被告人合法诉讼权益的保护,不符合现代法治国家公民权利保障的要求。律师在侦查阶段参与诉讼的主要问题律师在刑事侦查阶段的诉讼地位问题刑事诉讼法第96条规定:犯罪嫌疑人在被侦查机关第一次讯问后或者采取强制措施之日起,可以聘请律师为其提供法律咨询、代理申诉、控告。犯罪嫌疑人被逮捕的,聘请的律师可以为其申请取保候审。受委托的律师有权向侦查机关了解犯罪嫌疑人涉嫌的罪名,可以会见在押的犯罪嫌疑人,向犯罪嫌疑人了解有关案件情况。第75条及相关条款还规定,犯罪嫌疑人委托的律师,对于负责案件侦查的机关采取
In recent years, the proportion of lawyers participating in criminal proceedings in our country has been on the decline. About half of the suspects or defendants have been accused and tried without the aid of lawyers. This is not conducive to the protection of the suspects and defendants ’rights of legal proceedings, and is not in conformity with the requirements of guaranteeing citizens’ rights in modern law-governed countries. The main problem that lawyers participate in during the investigation stage The lawyer’s position in criminal investigation stage Article 96 of the Criminal Procedure Law stipulates that the criminal suspects may hire a lawyer as the suspect after the first interrogation by the investigating organ or from the date of compulsory measures It provides legal advice, petitions and complaints. The suspect is arrested, hired lawyers can apply for bail pending trial. The entrusted lawyer has the right to know about the suspect’s suspected charges to the investigating organ, meet with the criminal suspect in custody, and learn from the suspects about the case. Article 75 and relevant provisions also stipulate that the lawyer entrusted by the criminal suspect shall take the action taken on the organ responsible for the investigation of the case