论刑事扣押的对象——以辩护律师从被追诉人处获知秘密事项为视角

刑事辩护制度是被追诉人辩护权的重要保障。我国刑事诉讼法虽然确立了辩护律师保守职业秘密的权利,但对其从被追诉人处获知的事项能否成为刑事扣押的对象,立法的规定存在不足。应借鉴域外法治国家的有益经验,对辩护律师从被追诉人处获知的事项进行区分,以决定其是否可以成为刑事扣押的对象,从而在保障被追诉人的辩护权和惩罚犯罪之间实现价值平衡。

On the Object of the Criminal Detain --From the Perspective of Secret Issues Taken by the Defense Lawyer from the Accused

The criminal defense system is an important guarantee for the fight of defense of the accused. Though criminal procedure law of China has established the fights of the defense lawyers to keep professional secrecy, the legislation is inadequate because it doesn＇t make it clear whether the items of issues taken by the defense lawyer from the accused can be regarded as the object of criminal detain. We should learn from the useful experiences from foreign countries to distinguish items to determine which ones can be the object of criminal detain to keep the balance between protecting the rights of the defense by the accused and punishing crime.