In cases of confession and punishment,the effective legal assistance provided by duty lawyers is a further requirement based on achieving full coverage of duty lawyer legal aid.However,existing regula-tions and practices are difficult to realize the expected goal of guaranteeing the voluntariness of confession and punishment.Effective legal assistance should be characterized by timeliness and accessibility,with standardized procedures and content.Timeliness means actively responding to the needs of the accused for legal assistance,especially by providing necessary legal aid during the initial investigation stage and when adjusting sentencing recommendations.Accessibility requires adjusting the way duty lawyers intervene in cases and fulfill their duties,making the process of obtaining legal aid for the accused as convenient and straightforward as possible.Standardized procedures and content require clarifying the"mandatory options"and"optional options"for legal assistance based on the tasks of each stage of the litigation.The legal assistance received by the accused should not have significant differences due to variations in the pro-fessional abilities and sense of responsibility of duty lawyers.Therefore,multiple measures should be taken to adjust and improve the relevant work mechanisms,including strengthening the role and responsi-bilities of duty lawyers during the investigation stage,reasonably defining the responsibilities of duty law-yers during the trial stage,specifying the procedural standards for legal assistance at each stage and enhan-cing the mechanism for presenting and feedback of duty lawyer opinions.
关键词
认罪认罚从宽制度/值班律师/获得法律帮助权/有效性
Key words
the leniency system based on the admission of guilt and acceptance of punishment/duty lawyer/right to access legal assistance/effectiveness
维普
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