Process Of Witness Protection

Witness protection system of the witness can not only refers to the procedure prescribed by the knowledge of the case situation, include witnesses, expert witnesses and the victim himself and his immediate family. Witness protection may exist in the two situations:one is the public security judicial authorities think personal rights and property rights of witnesses and their near relatives may take the initiative to start the witness protection for abused to testify. The other is a witness they think caused by testifying the and their close relatives of personal rights and property rights are violated and application of passive protection. Witness protection is both phase, regardless of the witness’s rights are threatened in any litigation stage, shall be made by the public security judicial authority at any time to provide protection. Witness protection in our country is in the process of the whole proceedings, including investigation, examination and prosecution and trial stages. Witness protection authorities in the countries in the world have different specific provisions, specific to our country’s witness protection authority for the court, procuratorate, public security organs. The witness because can’t participate in the litigation and makes personal danger, health damage, property losses, these basic rights should be protected, also is the important content of witness protection and. All countries of the witness protection legislation can be found that most of mutual recognition of protective measures, such as secret identity, to change to testify, personal protection, etc. Have several different protection measures, such as can live witness, the court before the conversation, use mediation to testify, masked, voice to testify, aid communication. Criminal procedure law of our country and also the specific witness protection measures. Witness protection system of exemption shall have rights and special rights of the witness to testify against prosecution. Exemption shall right is based on the specific interest, the witness may be exempted from duty. To testify against prosecution is witness’s testimony against people shall not be used as to judicial proceeding of evidence.The start time is short, the witness protection system in China and have been ignored. In 2013 the new criminal procedural law didn’t begin to pay close attention to the witness protection, increased the part about the witness protection law. But new increase and modify the content of the criminal procedure law is not complete, only in principle of regulation, not too strong operability. Based on the theory of criminal litigation witness protection present situation of our country is put forward to expand the content of the witness protection, refinement of witness protection measures and processes, set up a complete witness protection measures.