Study On The Investigator Witness In Criminal Procedure

The effective implementation of the investigators' testimony system in court is based on the clarification of the identity of the “investigator witness”.The investigators testifies as witnesses conforms to jurisprudence and is in line with the actual lawsuit.It is necessary to construct a testimony system which is applicable to investigators witnesses,based on the rules for ordinary witnesses,making specific provisions on the starting procedures,scope of testimony,cross-examination rules,and sanctions for investigators witnesses not to testify in court.The formulation of relevant testimony rules must fully take the particularity of investigators witnesses into consideration,especially the sanctions when they violate the obligation to testify.It should rationally use the concept of procedural sanctions and exclude relevant evidence to ensure that investigators testimony system can play an effect.The key of the investigators testifying in court is to accept the inquiry of both parties and the court.In particular,the direct confrontation with the defendant is a weapon to discover the truth of the case and guarantee the legality of the evidence.Therefore,amendments should be made to the form of using "status description" to substitute the investigator's testimony in practice.The principle of direct and verbal should be carried out in the procedure of investigators testify in court,and censor the evidence obtained by the investigators comprehensively in the hierarchical manner.I take the investigator's identity of witness as the starting point,conducts a jurisprudential analysis on the identification of the witness identity,discuss the particularity of the investigator witness from the ordinary witness,and focus on the analysis of the sanctions when the investigator witness violates the obligation to testify;The specific ways in that investigators appear in court to testify and the specific issues they may encounter are also discussed.This article also sorts out the relevant legal provisions for investigators to testify in court,and combines the spirit of current criminal justice reform to put forward my own suggestions for the improvement of this system.