Tainted Witnesses Immunity From Prosecution

In spite of the witness did not interest the results of the trial of the case, but witnesses during the proceedings but plays an essential role in some of the key witnesses is the process to decide the case, so the witnesses are always mentioned in the proceedings to a high position. Witnesses at this time is all common sense, facts of the case to prove the third person, in this context includes a special witness-a tainted witness, because this type of crime itself tainted witnesses, so they testify always worry about the process of behavior will not be exposed to testify their crimes, this will inevitably lead to the bondage of such witnesses to testify and did not thoroughly, thereby affecting the detection of the case or trial. At present, China is very limited judicial resources, and organized a number of new or complex cases can not be detected in time, when no witnesses to testify if the case is bound to deadlock, and if the violation of forcing witnesses to testify against forced self-incrimination internal requirements, so immunity to witnesses in this difficult situation came into being. This is not only in the context of such a large criminal immunity for the witness to elaborate within its capacity.The article is divided into six parts, from different angles discussed specific witness to the theory of criminal immunity:The first part introduces the topic of this article the background and significance.The second part, the main witness to discuss the basic theory of immunity from criminal prosecution, witnesses and the exemption through the concept analysis, leads to a tainted witness the meaning of criminal immunity, and witness to further elaborate the theoretical basis of criminal immunity, laying the foundation for the discussion below.The third part describes the specific witness to the origins of criminal immunity, development and the world's major countries have provided the major countries by the provisions of transverse contrast, the theory of tainted witnesses immunity from prosecution even be tracked. The fourth part, mainly on building a tainted witness immunity from criminal prosecution the necessity and feasibility, through our witness to immunity from criminal prosecution for the relevant provisions of the witness to the world criminal immunity contrast, further emphasize the need to establish in our country there this system.The fifth part, the provisions of this for our current vacancies and unreasonable, on the establishment in China tainted witnesses immunity from prosecution made specific recommendations, including the significance of the establishment of this system and the specific methods and supporting measures of improvement in order to be able to make due contributions.The last part, summarizes the results of this study and shortcomings.