辩护律师介入刑事审判后程序的法理思考

以法院庭审为界限,庭审之前的准备程序称为刑事审判前程序,庭审之后的程序,称为刑事审判后程序。这样划分的目的,是为了更好地对辩护律师开庭前后的诉讼活动进行区分。应将辩护律师在休庭后择日宣判、一审判决送达后到上诉程序启动前以及死刑复核等阶段的诉讼活动纳入到刑事审判后程序中,作为一个整体来思考,探究这一程序中辩护律师介入的立法缺陷、具体路径以及实践操作等层面的问题。

Jurisprudential Thinking on Defense Lawyers' Involvement in Post-criminal Trail Procedure

Taking court trial as a dividing line, the trial preparation stage before it is called pre-criminal trail procedure, while the stage after it is called post-criminal trail procedure. The purpose of this division is to distinguish defense lawyers＇litigation activities before court tial from those after it. Post-criminal trail procedure in this article combines the the period waiting sentences after the adjourment of court, the stage from the service date of the first-instance sentence to the strart of appellate procedure and procedure for judicial review of death sentences. By taking defense lawyers＇litigation activities in post-criminal trail procedure as a whole, a preliminary inquiry is conducted into legislative defects, specific paths and practice issues about defense lawyers＂ involvement in this procedure.