Research on the Justification of Lawyers’ Intervening in the Control Commission’s Investigation Procedure

Abstract

The amendment of Criminal Procedure Law cancels the power of the procuratorial organ to file and investigate the crimes of corruption, bribery, dereliction of duty, etc., and submit it to the Control Commission for “filing and investigation”. In terms of organizational structure, the Anti-corruption Department of the original procuratorate was revoked and transferred to the Control Commission as a whole. Although it is clearly stipulated in Supervision Law that the Control Commission shall exercise the investigation power for the crimes committed by the state public officials by taking advantage of their power, corruption and bribery, and dereliction of duty, in essence, after the transfer of the department, it shall exercise the investigation power of the original procuratorial organ for the above-mentioned crimes. Through the analysis of international conventions, typical countries and regions’ legal provisions, we can see that when the criminal investigation stage begins or citizens are triggered by conditions restricting their personal freedom, detention or being taken into custody, the law shall give citizens “rights of access to a lawyer”. Supervision Law in China does not give lawyers the right to intervene in the supervision and investigation procedure, which makes it difficult to guarantee the rights of the investigated persons suspected of post crimes, and also makes the supervision power unable to be effectively supervised and restricted. This may lead to the abuse of power, the occurrence of unjust, false and wrong cases, thus damaging the credibility and image of the state and government.