Criminal defense system plays an active role in discovering the truth and realizing substantive justice.
First of all, from the process of collecting evidence, criminal defense system's role is as follows:
First, enhance the comprehensiveness of collecting evidence. Although the law requires the procuratorial organ to collect both evidence favorable to the defendant and evidence unfavorable to the defendant, due to the role of the procuratorial organ in prosecution and its litigation function, it pays more attention to the success of the accusation and tends to collect evidence of the defendant's guilt. From the perspective of prevention, on the one hand, the defendant can collect some useful evidence for himself, on the other hand, it can also provide some clues to attract the attention of the procuratorate to the doubtful points of the case and supplement the evidence collection that is beneficial to the defendant.
Second, ensure the authenticity of the collected evidence. In the stage of investigation and prosecution, the defender's involvement in litigation can play a supervisory role in the evidence collection activities of the procuratorial organs. The presence of lawyers when interrogating criminal suspects can prevent procuratorial organs from using illegal means such as extorting confessions by torture, seduction and deception to collect evidence. Ensuring the voluntariness of the criminal suspect's confession, in turn, ensures the authenticity and reliability of the confession to a certain extent.
Secondly, judging from the process of judges' examining and judging evidence, the significance of criminal defense system lies in: First, it is conducive to revealing objective truth. During the trial, in order to prove the existence of criminal facts and the guilt of the defendant, the prosecutor made statements and presented evidence. At the same time, the defendant and his defender put forward counter-evidence and confronted him. In this process, with the gradual increase of evidence, the relationship between the evidence is gradually clear, and the facts that need to be clarified themselves also show increasing clarity and clarity. Second, it is conducive to restraining the one-sidedness and arbitrariness of judges. The modern evidence system gives judges the freedom to evaluate evidence and identify facts. In public, the judge directly listens to the debate between the prosecution and the defense, which is conducive to the formation of a correct inner conviction. At the same time, both the prosecution and the defense questioned and tested the evidence in court. In this way, the state of evidence accumulation and the clarity of the facts to be proved formed through evidence can be understood and understood by both the prosecution and the defense, thus greatly enhancing the transparency and openness of fact finding. This will help to prevent the judge's understanding from being one-sided and arbitrary and deviating from the objective truth.
In criminal justice, criminal defense system is an indispensable system to realize procedural justice. Its role in realizing procedural justice is highlighted as follows:
First of all, it helps to form a reasonable litigation structure in criminal proceedings. The separation of the functions of prosecution, defense and trial, the neutrality of judges and equal adversary are the basic models of modern criminal proceedings, and they are also important aspects of criminal justice that embody procedural justice. The establishment of criminal defense system is the basis of the equal status of the defendant and the plaintiff in the litigation process, and it is also an important condition for the judge to remain relatively neutral.
Second, it enables the defendant to actively participate in the proceedings. The defendant is the central figure in criminal proceedings, and how to treat the defendant is an important symbol of litigation justice. A fair litigation procedure should ensure that the legitimate rights and interests of the defendant are respected, and try to avoid the conviction of the defendant who has been wrongly prosecuted. The establishment of the criminal defense system gave the defendant the opportunity to object to the prosecution's allegations, and also gave the defendant the opportunity to question the evidence and appeal to his own reasons. Defendants actively participate in the litigation process, so that they can enjoy certain procedural control rights, thus effectively affecting the outcome of litigation, and truly become the subject of litigation, rather than the defendant and punisher at the mercy of judicial officials. The defense system is the most important form for defendants to protect their legitimate rights and interests.
Third, it is a kind of supervision and restriction on state power. The core content of procedural justice is to protect the defendant's personal rights and restrict the state power. The separation of prosecution and trial is the internal balance of state power, and criminal defense system is the external constraint of state power. The existence of criminal defense system means that every defendant can raise an objection to the government and decide whether the defendant should be found guilty or punished. The government must provide evidence, and the defendant should have a fair defense opportunity, which is the basic requirement of procedural justice.
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