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On The Perfection Of The System Of Police Appearing In Court As Testimony

Posted on:2015-05-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y W RenFull Text:PDF
GTID:2176330431452466Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Police testifying refers to, during the trial, the police should testify in the court and state the situation of interrogation, search, seizure and inspection,if the defendants and his defenders of the criminal cases have the objection of the legitimacy of investigational behavior and the evidence obtained through the investigation,so the judge can decide whether the evidence obtained through the investigation is legitimate and available.Police testifying in court is a unversal thing in Anglo-American law system countries. The police often testify in court as a prosecuting witness to avoid the evidence they obtained by hard work be ruled out by the court. In continental law system countries, the police testifying system is not clearly defined in the laws, and the police isn’t devided within the limits of the witness,while in judicial practice,there are some situations police testify in the court. In our country, the theoretical circle don’t approve the police testify in the court as a witness for a long time.With the <Criminal case about some issues of excluding illegal evidence rules> published in2010,the police testifying system is defined preliminary,but the judicial system is not perfact in our country,so now it is still common that the police don’t testify in the court.Police testifying system has a great significance to a fair trial in criminal cases, whether the police testify may affect whether the evidence obtained by the police can be adopted by the court,so the police testifying system is closely related to the right of the defendants.So it is very necessary to improve and perfect the police testifying system in our country.
Keywords/Search Tags:police, police testifying system, prosecuting witness, procedural justice
PDF Full Text Request
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