A Study On The Problem Of Co-defenders In Court

The crime of joint crime is due to the reconsideration of the person being prosecuted and the implication of the litigation object and the relevance of the litigation,resulting in a large conflict of interest between the co-moratoriums,thereby increasing the likelihood of falsehoods among the corruptions.Therefore,the authenticity of the confession for the judge,often become a common crime conviction and conviction of the key.According to the provisions of Article 199 of the Supreme People's Court on the Application of the Interpretation of the Criminal Procedure Law of the People's Republic of China,When necessary,to co-defend the defendant in court in a way to determine the authenticity of the confession.However,whether the trial practice in such a way to determine the authenticity of the confession? What are the problems with the common defendants in the process of confrontation in court? What are the reasons behind these problems? The author intends to sort out the above problems,combined with extraterritorial experience,put forward to solve the common defendants confrontation problems in court.The full text is divided into three parts.The first part: The common defendant in court confront the existence of the problem.The part of the author mainly through the N City Intermediate People's Court,and area P District,J District People's Court on the co-defendant on the application of the quality of the investigation,in addition to the network through the relevant cases were analyzed.It is found that there are three problems such as the low application rate of the confrontation in the court,the imperfect system of the confrontation,the inability of the defendant to carry out the effective questioning.The second part: The reasons for the confrontation between the common defendants in court.This part mainly analyzes the causes of the problems in the above-mentioned common defendants.First of all,because our country currently establishes a common defendant confrontation system does not have the right attribute,the defendant application and the other common defendant in court confrontation without legal basis leading to the common defendant in court confinement rate is low.Secondly,for the reasons for the imperfect system of the common defendant system,the author thinks that the main country does not stipulate the specific operational norms of the common defendants.Finally,the poor response to the defendant was mainly due to the fact that the defense counsel failed to provide adequate assistance.The third part: To solve the common defendants in court confrontation.This part is mainly for the common defendant problems,put forward the corresponding solution.In view of the above problems,the author puts forward three countermeasures.First,it is clear that the co-defendants are given a confrontation between the common defendants in the form of pledge,determining the coexistence of the application for confrontation and the decision-making.Second,the design of the corresponding collateral operation rules,improve the quality of the program.Including the specific form of confrontation,the scope of the provisions.Third,to improve the defendant's ability to ask questions to protect the validity of the confrontation.Including the improvement of the legal aid system,a clear defense lawyers and the parties to verify the right of co-perpetrators confession,to raise the level of lawyers to ask questions.