Criminal Witness Card Statements

The role of witnesses remains a crucial element of?the criminal justice system, and the testimony in criminal procedure is a kind of important evidence. But no presence of witness in court and how to interrogate the witness in court is one of the outstanding problems in China after the amendment of criminal trial mode in 1996. How to resolve these problems is the subject matter of this paper. There are three parts in this paper. Part I. Introduction. In this part the author discusses the range of witnesses, the characteristics of testimony, and the present situation of the giving evidence of witnesses. The author also introduces the methodology of writing this paper. Part II. Witnesses. There are 7 chapters in this part. Chapter 1 The Competency of Witnesses. In this chapter the author discusses the history and development of the competency of witnesses. The author holds that the requirement of moral ability in the criminal procedure law is in fact the one in understanding of the duty to tell the truth, and not the capacity to perceive. As to the competency of children, we should resolve the problem concerning the credibility of witnesses by permitting the court to hear the testimony and evaluate the credibility witnesses by itself As to the competency of accomplices, the author holds that the accomplice tried separately can be a witness for the prosecution at the other trial; and an independent corroborative rule should be established. Chapter 2. Obligations and Rights. This chapter focuses on the obligations and rights of witnesses. The author holds that if the witness refuses to appear in the court, the court should punish him; if witnesses refuse to be investigated before trial, parties concerning the case should resort to the court. The court should pay witnesses the indemnity during the period of trial. Chapter 3. Professional Privileges. This chapter focuses on the professional privileges. The author holds that the legal professional privilege should be established so that the lawyer can be in full possession of the fact. The general physician-patient privilege should not be established, otherwise the psychotherapist-patient privilege. The evidentiary privilege protecting communications given in religious confessions should not be adopted at present. Chapter 4. The Privilege against Self-incrimination. In this chapter the author discusses the privilege against self-incrimination of witnesses and the witness immunity. The author thinks that the privilege against self-incrimination should be established; and if a witness invokes the privilege, the prosecution can grant the witness immunity so that the essential evidence cannot be lost. Chapter 5. The Privilege of Relatives. This chapter focuses on the privilege of relatives. The author holds that the privilege of relatives --- the adverse testimonial privilege of the witness抯 relatives --- should be established in China. It is different from that in continental countries and that in common law countries. And it should be treated as a 揷ase-by-case?privilege. Chapter 6. The Public Interest Immunity. The author holds that the present rules and regulations on protection of public interest should be perfected ; witnesses should have the right to claim the public interest immunity. The matter that witnesses should keep secret can be divided into national secret and working secret. And whether witnesses should keep the above mentioned secrets or not sho...