关于辩护人、诉讼代理人毁灭证据、伪造证据、妨害作证罪司法适用问题

刑罚执行阶段也属于"在刑事诉讼中".侦查阶段聘请的律师不构成辩护人、诉讼代理人毁灭证据、伪造证据、妨害作证罪的主体.妨害的只是附带民事诉讼部分的证据的,不构成该罪.威胁、引诱被害人改变陈述的,不构成该罪.改变后的证言恰与客观事实相一致的,不构成犯罪.故此,该罪名的设置不具有必要性.

On Problems of the Legislative Applicability to Defenders and Agent ad Litem's Destruction of Evidence, Falsification of Evidence and Obstruction of Witnessing

The phase of penal performance belongs to the phase of criminal lawsuit while the lawyer retained in the spying phase does not fall to the main body of defenders and agent ad litem's destruction of evidence, falsification of evidence and obstruction of witnessing. If what is obstructed is only the extrinsic evidences of civil procedure, the crime is not constituted. To threaten and entice the victims to change his statement does not constitute the crime; the changed evidence in agreement with the objective facts does not constitute the crime. So it is not necessary to constitute such a charge.