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On System Of Immunity For Stain Witness

Posted on:2006-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:X L ChenFull Text:PDF
GTID:2166360185978615Subject:Law
Abstract/Summary:PDF Full Text Request
The stain witness refers to the joint criminal and defendant whose legitimate rights, promised by judicial organization, are to be protected. The immunity for stain witnesses( ISW) is a kind of criminal justice system which stipulates that those criminal suspects, defendants who provide testimony for the prosecuting party shall be exemp from penal prosecution or punishment, be granted lighter or mitigated punishment. In the principle of against-self-incrimination, the system has been currently established in many countries and regions among others, including USA, Britain, Canada, Germany , Macao, Hong Kong and Taiwan. For the system is yet to be established in China, prosecutors have constantly founded it hard to remove the barrier of proof shortage that results in unsuccessful penal prosecutions. In fact, the judicial act of ISW does exist in the criminal and judicial practice when investigating and dealing accordingly with the crime of bribery among other serious criminal cases. Hence the urgent need to stipulate and standardize the system in law. Based on the thorough investigation and analysis of the system, this paper makes some proposals on how to establish the system of ISW as well as feasible operational mechanism in China with sufficient argumentation.
Keywords/Search Tags:stain witness, againstself-incrimination, immunity for stain witness
PDF Full Text Request
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