Study On The Legal Practice Of Immunity Of Tainted Witness

The legal system of immunity of tainted witness can balance forced testify obligations and against forced self-incrimination, the tainted witness can be well-protected, his testimony can be well-used to fight crimes. The criminal procedure law was modified in 2012 and fatherly established the principle of human right protection. Some new legal system such as against forced self-incrimination, witness protection was added in the modification; however, the legal system of immunity of tainted witness is still in absence. This dissertation researches the legal system of immunity of tainted witness with comparative research and normative research as the following three parts:The first part is an empirical study of immunity of tainted witness with the study methods of typical cases analysis and practical interview. This part maintains that immunity of tainted witness differs from plea bargain and meritorious service. Immunity of tainted witness is not the rights of tainted witness but the power of judicial organs. There is the absence of immunity of tainted witness in China’s law system and the current related practice in criminal judicial procedure. This part maintains that there is no legal system of immunity of tainted witness in current law, while the judicial organs use similar ways to exercise the protection for tainted witness. The second part is comparative research of immunity of tainted witness. This part found out that there were different modes of immunity of tainted witness, while the different modes share the same value. The legal system of immunity of tainted witness in other countries and regions differ in modes and procedure. The third part is the legal system establishment of immunity of tainted witness. This part maintains that the articles of immunity of tainted witness can be set in part 5 of the criminal procedure law. The prosecutors should play an important part in immunity of tainted witness however the court has the power of final say. The current regime of nolle prosequi should be well-used to keep balance in legislation. And the law article should avoid using the word tainted witness so as not to cause ambiguity and misunderstanding.