On Ivestigating Officer To Testify In Court

With the accelerated process of China's rule of law, and the deepgoing of the theories of criminal proceedings and criminal justice system reform, the evidence issue has became the core problem of criminal proceedings. As one of the important issues of criminal evidence which investigation officer testifying in court is increasingly concerned by experts.Criminal Practice shows that investigators testify in court are minimal. They often take the excuse that they are so busy to testify in court. Instead, investigators offer written material such as various instruction, trial provement, capture process and final report to be the excuse of avoid testifying. In fact, wheather investigators could testify in court as witness should not be a problem abroad. Regardless of common law system or civil law system, many countries have already established a relatively perfect system that investigation officers could testify in court. However, the criminal trial practice of China shows that not only investigators testify in court rarely, but also there are disputation in the theory that whether investigators should or need or take what capacity to testify in court. In fact, investigators testifying in court involves direct interest of three agencies which are police, procuratorate and court. It could also affect many other links of the entire criminal process which involves the detection system and the court process and investigation agencies and their intertest. As a result, investigators testifying in court would be an abstructor of both concepts and systems.Investigators must have a clear understanding of the fact in criminal investigation process. Meanwhile, investigators should be responsible for the court for the reason that sometimes they should make instruction to the legality and legitimacy of the investigation act. Of course, investigators should be distinguished from other witness because of their special capicity. In this paper, the author try to discuss the theoretical and value basic of investigators testifying in court, as well as the theory and practice compared to common law and civil law countries. To the author's awareness, investigators testifying in court has plentiful theory foundation and practice meaning to crominal prosecution of our country. This problem also relates to the core value of criminal prosecution which are fair, public and efficiency. The author hopes that this paper could make some contribution the construction of the investigators testifying system.