On The Obstruction To Testify Behavior Of The Crime Of Obstruction To Testify

Obstruction to testify behavior undermines the judicial order, affected the normallitigation activities of the judicial organs, has serious social harmfulness ofobstruction of justice, it is necessary to detailed study of the behavior. According theliterature meaning of obstruction to testify behavior as the prerequisite, on the basis ofunderstanding of our current legislation, criminal law theory and judicial practice acts,the concept of obstruction to testify behavior can be defined as: before the beginningof the proceedings or during the proceedings, the perpetrator intentionally usingviolence, threat, suborn or any other methods to prevent witnesses giving testimonyor instigate others to commit perjury behavior.Obstruction to testify behavior can occur before the beginning of the proceedingsor during the proceedings three kinds of litigation. Specific behaviors is usingviolence, threat, suborn or any other method to prevent witness giving testimony orinstigate others to commit perjury. Prevent witness giving testimony refers to use theway such as discourage, instigate to not let the witness to give testimony to thejudicial organ and its staff. Instigate others to commit perjury refers to abetted,instructed others make the testimony against the facts, submit the conclusion againstthe facts, instigate the translator, reporter to make a false translation, records and soon. In the three specific means behaviors,"violence" refers to by ways such as beating,binding, detaining to make witness severely restricted or even loss of freedom so thatafraid to testify or not to testify;"threat" refers to using kill, injure the witness andtheir families or destroy their property, expose their privacy and any other methods tothreat, that compel witness dare to testify;"suborn" refers to by actually payment orpromise to pay some money, property or other material interests methods, bribewitness to make them unwilling to testify. The object of obstruction to testify behaviorincludes two kinds:"witness" and "others". Among them, the "witness" refers to theparties outside understand the circumstances of the case who have responsibility totestified to the judicial organ;"others" not only contains the narrow sense of witness,but also contains the victim, expert witness, the recorder, translator and other peoplewho do not know the circumstances of the case.For a profound understanding of the obstruction to testify behavior, we also needto distinguish from the judicial practice aspects which are easily confused with theobstruction to testify behavior. Obstruction to testify behavior is not all the same with defender, agent ad litem obstruction to testify behavior at several aspects such as, thesubject, scope, violation of the object, the behavior object and performance; theobstruction to testify behavior through influence the witness and others to achieve thesabotage for the testimony of witness, while the behavior of helping to destroy orforge evidence directly through help the parties destroy and forge evidence to achievethe sabotage of the testimony; the obstruction to testify behavior performance forprevent witness giving testimony or instigate others to commit perjury, while theperjury behavior performance for in person to the judicial organ for perjury, then theshielding behavior performance for knowing who is crime but still do a false proof toshield. The correct definition to the obstruction to testify behavior with these behaviorboundaries is not only an important part of our study, but also of great significance forguiding the judicial practice.