In recent years，The system of lawyer presence during bet365 refer a friend code has been gradually established in major Western countries。On the one hand，The academic community is generally optimistic about this system，Considered in general criminal cases，Our country can learn from and absorb。On the other hand，With the widespread application of the leniency system for guilty pleas and punishment，The new duty lawyer system came into being。This system has partially realized the function of lawyers being present during interrogations，Effectively protect the legitimate rights and interests of criminal suspects during the investigation phase。actually，This provides a new idea for the future reform of the lawyer system in our country。

　　The operation status of my country’s bet365 refer a friend code

　2016，Zhou Qiang, President of the Supreme People's Court, in his explanation of the "Decision (Draft) on Authorizing the Pilot Program of the Leniency System for Pleas and Punishments in Criminal Cases in Certain Areas"，Clearly proposed to improve the legal aid system，Legal aid agencies should be located in the People’s Court、The legal aid duty lawyer stationed in the detention center，For a criminal suspect who has not appointed a defender、Providing legal advice to criminal defendants、Program selection、Application for legal help such as changing compulsory measures。The bet365 refer a friend code was established with the spread of the leniency system for guilty pleas and punishment，Although the original intention of system construction is to achieve "full coverage of legal aid"，Providing legal help to suspects who do not have a lawyer。But，The institutional background of the birth of duty lawyers and the limitations of duty lawyers’ own rights，All of which make it an auxiliary mechanism of the "Leniency System for Confession and Punishment"。

The spread of bet365 refer a friend code in my country，From a time perspective, it is synchronized with the leniency system for guilty pleas and punishment，Functionally, it is to protect the suspect’s right to know and voluntariness when confessing and accepting punishment。2014，Supreme People's Court、Supreme People’s Procuratorate、The Ministry of Public Security and the Ministry of Justice issued the "Measures on Carrying out Pilot Programs for Expedited Trial Procedures in Criminal Cases in Certain Areas"，Announced the piloting of a leniency system for guilty pleas and punishment，Establish a bet365 refer a friend code。In the United States where plea bargaining is popular，The conclusion of plea bargain，Inseparable from the negotiation and agreement between lawyers and prosecutors，To prevent prosecutors from coaxing or coercing suspects into reaching plea agreements due to unequal knowledge，Effectively protect the suspect’s right to know and voluntariness。my country’s leniency system for pleading guilty and accepting punishment，Learning from the advantages of the tripartite mechanism of the United States，Introducing duty lawyers to prevent abuse of the leniency system for guilty pleas and punishment。

Time when my country’s duty lawyers meet with suspects，Generally after the bet365 refer a friend code task has been successfully completed，Not before the bet365 refer a friend code begins。In practice，When general duty lawyers meet with suspects，The suspect has agreed to a plea deal with the police，In exchange for a lighter punishment。Western countries have different practices，To protect the suspect’s right to have a lawyer present during bet365 refer a friend code，The suspect requests to see a lawyer or requests a lawyer to be present during the bet365 refer a friend code，Before the lawyer arrives，Police are not allowed to start interrogations，This system design allows lawyers to supervise the bet365 refer a friend code process。

　　Overseas investigation of the system of lawyer presence during bet365 refer a friend code

Lawyer presence system during bet365 refer a friend code，It has been widely established in Britain, the United States and Europe in recent years。It has several contents，Right notification respectively、Lawyer participation form setting、Waiver of rights and exceptions to limitations。Rights Notification System，Inform the person being questioned，He has the right to require a lawyer to be present during the bet365 refer a friend code，It is a prerequisite for the person being interrogated to enjoy this right。Considering that people being interrogated often lack knowledge of criminal proceedings，If the police are not required to inform their lawyer of their right to be present，The person being interrogated is often unable to exercise this right。Lawyer participation form setting，Lawyer present during bet365 refer a friend code，Can I interrupt and ask questions，Still can only watch in silence。Rights waiver system，The right to have a lawyer present during bet365 refer a friend code，Same as the right to seek help from an attorney，It should all be done with the knowledge and consent of the person being interrogated，Rights that can be voluntarily given up。Limitations and Exceptions，That is, when certain conditions are met，Police can refuse the presence of lawyers during questioning。From the situation of each country，Exercise of lawyer’s right to be present during bet365 refer a friend code，There are limitations or exceptions。

First，Rights Notification Mechanism。In the United States，Fifth、Sixth、Ninth、10th Circuit requires Miranda warnings when given，Clearly inform the person being interrogated of the right to request the presence of a lawyer during the bet365 refer a friend code。Requirements in EU legislative guidance for each country，When investigators from various countries interrogate the person being interrogated，Basic information should be notified，Basic information includes the right to have a lawyer present。Provisions of the British "Police and Criminal Evidence Act 1984 Implementing Regulation C"，The detention enforcement officer shall give the detainee a written notice containing detailed rights，Inform them of their right to have a lawyer present during bet365 refer a friend code。Article 63-1 of the French Code of Criminal Procedure，Any person in custody，Everyone should be informed immediately of their right to an attorney and the presence of an attorney during questioning。Provisions of the Austrian Criminal Procedure Code，The suspect must be clearly informed before the bet365 refer a friend code begins，He enjoys the right explicitly granted by Article 164 to require the presence of a lawyer during bet365 refer a friend code。

Second，Lawyer participation form。Provisions of the British "Police and Criminal Evidence Act 1984 Implementing Regulation C"，If the lawyer at the bet365 refer a friend code scene thinks that the investigators’ questions are inappropriate，You can express your opinions directly to the investigators，Or suggest that the person being interrogated not answer specific questions。Provisions of the French Code of Criminal Procedure，Only after the bet365 refer a friend code is over，Only lawyers can ask questions，And if the questions asked "may hinder the smooth progress of the investigation，Officials or judicial police officers may refuse to answer”。Lawyers can view bet365 refer a friend code transcripts，Write an observation report on the bet365 refer a friend code process，Record inappropriate situations during bet365 refer a friend code，Submit it to the police or prosecutor。Article 164 of the Austrian Criminal Procedure Code，Lawyers cannot communicate with the suspect until the bet365 refer a friend code is over，Questions can only be asked after the bet365 refer a friend code is over。

　Third，Waiver of rights and exceptions。Article 6 of the British Police and Criminal Evidence Act 1984 Implementing Regulation C，On the premise that the suspect is informed of his right to have a lawyer present during bet365 refer a friend code，If you decide not to get help from a lawyer，The police should ask the person why he gave up this right and record it in writing。In the United States，The person being interrogated can voluntarily、Knowingly and wisely，Voluntarily waive the right to have a lawyer present during bet365 refer a friend code。U.S. excludes presence of lawyers、There are two main exceptions to direct bet365 refer a friend code by investigators，That is, "public safety exception" and "personal safety exception"。Public Safety Exception，Mainly refers to the possibility that the suspect is armed，Imminent threat to police and public safety，At this time, the police can directly ask where the weapons are hidden，In order to find weapons to eliminate danger。Exception for personal safety，Referring to saving the lives of citizens，Police can interrogate directly，Excluding lawyer participation，Usually used in kidnapping cases where it is necessary to urgently obtain the suspect's confession to rescue the hostages。In addition，The UK also stipulates that if a lawyer inappropriately hinders the smooth progress of the bet365 refer a friend code at the bet365 refer a friend code scene，The police can also ask the lawyer to leave，But you have to wait for another lawyer to come to the bet365 refer a friend code scene，Only before the bet365 refer a friend code can continue。

　　Protection of the right to be present during bet365 refer a friend code by the duty lawyer

The role of duty lawyer，Still controversial to this day。Some scholars believe that duty lawyers should play the role of “defender” during the investigation phase，To protect the rights and interests of suspects，He does not hesitate to stand on the opposite side of the investigators。Some scholars believe that duty lawyers should act as “witnesses” to the informed and voluntary nature of the commitment to plead guilty and accept punishment，Exists as an auxiliary mechanism to prevent the alienation of the leniency system for confession and punishment，After all, duty lawyers have the attribute of being “publicly appointed” by the country，Different from social lawyers hired by suspects and their families。Some scholars believe that duty lawyers should assume the role of “procedural supervisor”，Supervise the legal operation of investigation procedures，Prevent torture or threats、Inducement。In fact, whether it is the role of "defender" or "supervisor"，Even the role of "witness"，Duty lawyers are required to be more involved in the bet365 refer a friend code process，Prevent illegal bet365 refer a friend code process，Guarantee to plead guilty and accept punishment voluntarily。

With the widespread application of the leniency system for guilty pleas and punishment，Duty lawyers have been involved in most criminal cases，This is an excellent opportunity to establish a system of lawyer presence。Rather than start a new one，In addition, establish a system for the presence of lawyers during interrogations during the investigation phase，Introduce social lawyers who are relatively wary of investigators into the bet365 refer a friend code scene，It is better to allow duty lawyers to participate in the criminal bet365 refer a friend code process。Because the income of duty lawyers has the attribute of being “publicly appointed”，Will not hinder the police from handling the case due to position reasons during the bet365 refer a friend code process，Play more of a "program supervisor" role。In relation to the Duty Counsel’s bet365 refer a friend code presence pattern，Both remote presence (via online live streaming) and in-person presence should be allowed。bet365 refer a friend code often takes days or even months in criminal investigations in our country，Subject to the higher economic costs of duty lawyers，It is impossible to require the duty lawyer to be present throughout the bet365 refer a friend code。The more realistic plan is，The person being interrogated should have the right to speak before the bet365 refer a friend code begins，Or when the bet365 refer a friend code encounters a critical decision，Require the presence of duty counsel。The police should start the bet365 refer a friend code，Inform the person being questioned，He has the right to the assistance of a duty lawyer and the presence of a lawyer during bet365 refer a friend code。The duty lawyer can communicate privately with the suspect at the bet365 refer a friend code scene，Can interrupt the police’s illegal bet365 refer a friend code methods，An bet365 refer a friend code observation report should be written after the bet365 refer a friend code is over，Submit it to the judicial administrative agency。For possible sentences of more than ten years in prison、Felonious cases involving life imprisonment or death penalty，Or gangs commit crimes、Crime-related cases，At this stage, duty lawyers can still be excluded from participating in the bet365 refer a friend code process。

　　(Author’s Affiliation: Wang Jian Law School of Suzhou University)