Font Size: a A A

Research On Testifying Issues Of Co-defendants

Posted on:2013-06-02Degree:MasterType:Thesis
Country:ChinaCandidate:M Y GuoFull Text:PDF
GTID:2246330374487405Subject:Law
Abstract/Summary:PDF Full Text Request
The concept of co-defendants originates from the procedural law, including three categories-entity accomplices, procedural accomplices with implicated relation and procedural accomplices without implicated relation. Thus, the oral confession of a co-defendant should be divided into three categories:oral confession for the joint crime fact, oral confession for the crime fact with implicated relation, and oral confession for the crime fact without implicated relation. The qualification of witness has changed from tight to loose. Broad provisions of witness qualification have also determined that co-defendants can have testifying qualification under certain conditions. However, many problems and defects exist in the testification of co-defendants in China. First, the judgment of witness qualification of co-defendants in the academic field is not clear. Second, Chinese laws and regulations have not specifically regulated the witness qualification of co-defendants, their testifying procedures and adoption and admission of their testimonies. Comparatively speaking, overseas systems and regulations related to testification of co-defendants are enlightening for the establishment and improvement of the testifying system of co-defendants in China. This paper comes to the following conclusions based on theoretical and comparative analyses:entity accomplices and procedural accomplices with implicated relation cannot have witness qualification and their statements for the common crime fact or crime fact with implicated relation cannot be deemed as testimonies; procedural accomplices without implicated relation have witness qualification and their statements for the crime fact without implicated relation can be deemed as testimonies. Meanwhile, this paper puts forward a series of specific laws and regulations for the testifying procedure of co-defendants with witness qualification and adoption of their testimonies for the purpose of improvement, which are implemented in the judicial practice so as to improve and solve the testifying problems of co-defendants in China.
Keywords/Search Tags:co-defendants, implicated relation, qualification of witness, testifying procedures
PDF Full Text Request
Related items