Research On Testifying Issues Of Co-defendants

The co-defendants is one of the prerequisites for an in-depth analysis of the issue of co-defendants is the precise definition of their concepts and the need to clarify the distinction between the concept of the substantive law of accomplices.The co-defendants has been divided into three categories:the common defendant on the common crime of the statement,the common defendant with the existence of other implicated in the relationship between the defendants of the facts of the confession,the common defendant with its not Implied by the other defendant's criminal facts.The scope of the qualification of witnesses in our country is constantly expanding,giving the co-defendants witness qualification under certain conditions for the investigation of the facts of the case accurately convicted and sentencing has an important role.However,there are many problems in both the theoretical research and the judicial practice.First of all,there is no consensus on the recognition of the qualifications of the co-defendants and their application,Second,the existing criminal procedure law,the relevant judicial interpretation and evidence rules in our country have no provisions on the qualifications of the co-defendants and the procedure for obtaining evidence from the judiciary.On the basis of examining the specific stipulations of the co-defendants in the three representative countries of Britain,the United States and Germany,this paper has some reference significance to the system design of the co-defendants' testimony.This paper analyzes the problems in our legislation and judicial practice in detail,follows the path of comparative law,and draws the following conclusion on the perfect defense system of the co-defendants:the co-defendants with the complicity relationship and the co-defendants who has the implied relationship.Conditions are not witnesses eligible;do not have a relationship with the co-defendants to meet certain procedural conditions on the basis of a witness qualification.At the same time,in order to solve the problems in the judicial practice,the author makes a series of institutional design of the perfection of the existing legal system and the design of the forensic procedure.