The Study of the Right to Counsel of the Accused in Criminal Proceedings

Autor: Yi-Lin Shen, 沈依玲
Rok vydání: 2009
Druh dokumentu: 學位論文 ; thesis
Popis: 97
To be brief, the mission of criminal proceedings can be mostly accounted for by natural justice and formal justice. In that the protection of due process is the basis of the formalization in national punishment. Besides, the requirement of due process including the equivalence of the parties concerned, the procedural fairness and the protection of right belonging to the accused, should all be founded on the principle of equal arms. Therefore, the execution of the due process is to secure the defendant’s right to seize all the right he should have associated with lawsuit by the help of lawyer. In this way, the defendant will be treated fairly in the lawsuit. We follow by the serious discussion in the development of the lawyer institution, the proceedings of embedded knowledge of the real right of defense to understand the cultivation of right to counsel. Further, the role of the counsel becomes more important as we are adopting the adversary system in improving type instead of the inquisitorial system in our national judicial system. Consequently, the accused should be provided with substantial help in not only court but also in the process of inspection or even in the interrogation by the police.
Databáze: Networked Digital Library of Theses & Dissertations