| 摘要: |
| 被追诉人自行辩护权并不是绝对的，欧洲人权法院在判例中表明了基于公正审判的需要，应对被追诉人自行辩护权做出限制的立场。限制被追诉人自行辩护权应有相关且充分的理由，需考察案件具体情况以及成员国国内辩护环境。被追诉人自行辩护的，应当保障被追诉人发表辩护意见的自由；律师辩护的，应当为被追诉人保留充分的自主辩护空间。在刑事案件律师辩护全覆盖试点工作的开展中，应对被追诉人自行辩护权进行合理限制。法院履行通知辩护义务应以公正审判利益为决定性因素、以被追诉人个人意愿为重要参考因素，并确保被追诉人选择自行辩护的自愿性和明确性。即使被追诉人要求自行辩护，也应以有律师辩护为原则，以被追诉人自行辩护为例外。 |
| 关键词: 自行辩护权 公正审判权 律师辩护全覆盖 被追诉人意愿 |
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| Research on Limiting the Right to Defend Oneself in Person under the Background of “Full Coverage of Lawyers' Defense” — The Practice and Enlightenment of the European Court of Human Rights |
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| Abstract: |
| The defendant's right to defend himself in person is not absolute. The European Court of Human Rights has indicated the position of restricting the defendant's right to defend himself in person in its precedents based on the need for a fair trial. There should be relevant and sufficient reasons for restricting the right to defend oneself in person. The specific circumstances of the case and the domestic defense environment of the member states should be examined. If the defendant defends himself in person，the freedom of the defendant to express his defense opinions shall be guaranteed. If the case is defended by a lawyer， the defendant should have sufficient space of independent defense. In the pilot work of the full coverage of lawyers' defense in criminal cases， reasonable restrictions should be imposed on the right to defend oneself in person. The court should take the interest of a fair trial as the decisive factor and take the will of the defendant as the important reference factor in fulfilling the obligation of notification defense， and emphasize the important role of lawyers in promoting the court to realize a fair trial. |
| Key words: The Right to Defend Oneself in Person, The Right to a Fair Trial, Full Coverage of Lawyers' Defense in Criminal Cases, The Defendant's Will |
