解读新律师法第33条对侦查工作的影响和对策

新修订的《律师法》第33条规定赋予了律师会见犯罪嫌疑人、被告人“不受监听、不需批准”的特权,被看做是加强被追诉方力量、强化侦查阶段控辩双方对抗性的信号,对侦查工作将产生重大的影响。为此,侦查机关应认真解读新法条的内容和立法本意,作好侦查工作的调整和观念的转变,完成侦查模式由过分依赖口供向综合搜集利用证据的办案模式转变,开拓秘密侦查取证的新途径,并尽量做好律师会见过程中的防范措施。

Interpretation of Influence and Countermeasures of the New Lawyers' Law Article 33 on investigation

The newly revised ＂Lawyers＇ Law＂ Article 33 gives the lawyers the privileges of meeting suspects or defendants, but won＇t be monitored and no need to be approved, this is regard as a signal of strengthening defendant and reinforcing the confrontation of both prosecutor and defendant, and it will have a significant impact on investigation. So the investigating authorities should figure out the contents and legislation intention of the new law, adjust the investigation and change its concept, complete the transition of over-reliance on the use of statement to comprehensively collect evidences to handle the cases model, to open up a new approach of secret investigation and getting evidences, and try to take preventive measures in the process of meeting with the lawyers.