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侦查是刑事诉讼的重要阶段,犯罪嫌疑人的抓获、追诉的开始、证据的收集和固定、强制措施的执行,基本都在这个阶段完成,这也是犯罪嫌疑人权利最易受到侵犯的阶段。侦查阶段律师的权利是为了实现侦查程序中犯罪嫌疑人和侦查机关的平等对抗,保护处于不利境地的犯罪嫌疑人的合法权益而从道德上主张的一种权利需求。随着人权观念的日益提升,保障犯罪嫌疑人、被告人的权利逐渐成为我国刑事诉讼制度发展的主要方向。新《刑事诉讼法》发布后,侦查阶段律师的权利也得到了进一步的扩大。
Investigation is an important stage in criminal proceedings. The arrest of criminal suspects, the commencement of prosecutions, the collection and fixation of evidences, and the enforcement of mandatory measures are all basically completed at this stage. This is also the most vulnerable stage of criminal suspects’ rights. At the investigation stage, the rights of lawyers are a kind of moral demand advocated morally in order to realize the equal confrontation between criminal suspects and investigative organs in the investigation procedure and protect the legitimate rights and interests of criminal suspects in disadvantageous situations. With the increasing promotion of the concept of human rights, safeguarding the rights of criminal suspects and accused has gradually become the main direction of the development of criminal procedure system in our country. After the new Code of Criminal Procedure was released, the rights of lawyers in the investigation stage have been further expanded.