On The Refusal To Testify Of Spouse In Criminal Proceedings

In the criminal procedure law of most countries stipulate that everything know the circumstances of the case have obligation to testify in court, according to the rules of evidence, only after the prosecution and the defense cross examination of evidence can as the basis for deciding.2012 revised the criminal procedure law "Article 188 of the article first states:" after the notice of the people’s court, a witness has no justifiable reason not to testify in court, the people’s court to enforce the court, but the spouse, parents and children, except of the defendant. " This provision is considered to be exceptions to the forced witness to appear in court, is the progress of the legislation of the criminal procedure law, the regret is the clause does not confer the right spouse, parents, children refused to testify. The criminal procedural law of our country, on the one hand, the requirements of the defendant’s spouses, parents, children must provide the testimony of witnesses, on the other hand also allowed them can refuse to appear in court, in fact is to maintain family ties, serious prejudice to the defendants to pledge. China’s "Criminal Procedure Law" Article 188 of the legislative intent is the maintenance of harmonious and stable family relationships, but in the judicial practice the purpose has been lost, even spouses did not appear in court to testify, but the relationship between the defendant and the spouse rupture is inevitable and allowed to mate testimony will inevitably lead to family breakdown, Fuqifanmu, father and son and other enemies of the tragedy. Obviously, the criminal procedure law of our country is in the problem of the spouse to testify the existence of serious national colors, with public power as the core, the neglect of the criminal suspects and the defendant’s legitimate rights and interests of protection. Therefore, it is necessary to the rule of law countries pass spouses and other close relatives, the right to refuse to testify instead of forcing witnesses to appear in court the exceptions.