The Report About Investigators Appearing In Court

The criminal procedural code ratified in 2012 formulates investigators appearing in court aiming at resolving some substantial and procedural problems.This report is going to research how it functions in practice.There are 7 cases handled by the People’s Procuratorate in C City in which the investigators appearing in court. Generally speaking,the system functions well,however,there are still some problems that can not be ignored.First of all,the cross examination is chaotic.In all of the cases,all of the prosecutor,the defense lawyer and the defendant can question the investigators.But the rule of who questions first and who questions second is not be formulated.Secondly,the defense lawyers do not have enough defense skills so that they do not work well when questioning the investigators.Thirdly,the investigators have no experience to be in court so that they do not answer well in court.Finally,the judges lack of law knowledge misunderstand the proof of burden in the “trial in trial”and do not reason enough in the judgments.Of course,all the problems above can be resolved.We should do four things to make the investigators appearing in court function well.Firstly,the regulations about who can question the investigators and how to question them must be formulated.Secondly,the defense lawyers must learn how to cross exam well in court.Thirdly,the investigators should also learn some skills to answer questions in the court.Finally but not less importantly,the judges must be trained enough well to handle the rule in court and to make a right judgment with good reasoning.