Research On The Co-defendants' Confession

Strictly speaking,Co-defendants are not the concept of substantive law,but produced in the procedural law.It mainly includes two categories: the entity accomplice and the procedural accomplice,while the procedural accomplice can be specifically divided into the procedural accomplices with implicated relation and procedural accomplices without implicated relation.Correspondingly,the co-defendant's confession can also be divided into three categories: firstly,confession provided by co-defendants about the joint crime;secondly,confession provided by co-defendants who have no implicated relationship;thirdly,confession provided by co-defendants who have implicated relationship.This paper is intended to discuss the lack of evidence in the practice of common cases,can we just make the judgment on the basis of only a few confession of defendants? Further analysis of this problem,we can find that the nature of the problem is the witness qualification of the co-defendants in the process of litigation.The provisions of the various countries on the witness began to change slowly from the tight to the loose.As a result,co-defendants can obtain witness status under certain conditions.Unfortunately,in China,legal provisions of co-defendant participating in the testimony are not perfect: the witness qualification of co-defendant in the academic community has no clear discussion of the results,while criminal law does not have clear orientation on co-defendant testimony,leading to the emergence of a number of controversial judgments in practice.Therefore,it is of practical significance to study the relevant system of foreign co-defendants' oral confession and to improve the defects of our country in this field.The question of how to determine the case,whether it is related to the qualitative and conclusive judgment of the confession of the defendant,and the practical significance of the problem in practice must be carefully evaluated.This paper plans to discuss this issue,combined with the system and experience outside the system,based on the actual situation of China's judicial situation,put forward the same defendant's confession of the relevant recommendations.This paper is divided into four parts:The first part mainly discusses the definition of co-defendants and co-defendants.What is the "co-defendant",grasp the concept is to start writing the foundation of this article.From the substantive law level analysis,co-defendants refer to the accomplice;but from the procedural level analysis,"the same case" means in the same proceedings in the joint trial.These two classification standards in the substantive law and procedural law are involved,so in this article should be discussed.This part of the co-defendants in the classification of the interpretation of the same,combined with the co-defendants of the characteristics of the confession of the defendant's confession of the scope of the analysis also.The second part mainly analyzes the defects in the application of the defendants in China.China's judgments on whether the defendants have the qualifications of witnesses has been very ambiguous,in practice for the co-defendant's statement of the nature of the testimony has a pressing need,but there are three differences in the academic point of view,always failed to give the final program The China's criminal law-related legislation,did not answer whether the defendant with a witness qualification,whether the statement can be used as witness testimony,and even the provisions of the qualifications of witnesses are more vague,there is no clear and mandatory standards.The third part mainly deals with the extraterritorial analysis of the confession of the defendant and the reference value which China can obtain.The defendant has gone through the case and has a large amount of "first-hand information" to the judiciary,which is similar to the role played by the witness.This is more prominent on the issue of co-defendants,in the same proceedings,the same defendant in the end to play what role,how to qualify for the qualitative,the focus of these issues are the determination of their witness qualification.Here the analysis of the United Kingdom,the United States,Japan,the relevant provisions of the three countries,and as a reference for the establishment of China to establish a sound legal enlightenment.The fourth part mainly analyzes the proving power of different types of co-defendants,that is,We have discussed the witness qualification of the same defendant,but the judgment of the qualification of the witness is actually the judgment of the ability to prove the evidence.We will discuss whether the evidence of the defendant can only examine the evidence as evidence,It is certainly not enough to justify the proof of the evidence.After concretely analysis,it is concluded that if the confession of the defendant is the main basis for the determination,the confession between the accomplice of the entity can not be the only evidence of the conviction,that is,only the covenant can not be finalized and needs reinforcement;Co-defendants confessed with the defendant's confession,to meet certain conditions can be cautious;no implied relationship with the defendant confession statement with the defendant,the defendant can only co-defend the case for the case.