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Qualification of Witness in Criminal Procedure

Author: CongXinLi
Tutor: LiRong
School: Xiangtan University
Course: Procedural Law
Keywords: Criminal witness Eligibility of criminal witness The right of the witness refused to testify
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 99
Quote: 0
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Abstract


Criminal refers to the qualifications for the witness to the identity of the various elements. That is, who can and should, as a witness who could not become a witness.The criminal witness qualifications usually refer to two aspects of the general and the special elements of criminal witness qualifications. It should be to make appropriate provisions correspondent to their own different sitation, that is to say with the qulification means one who has general elements or a specific elements can participate in the proceedings as a witness. The qualifications of criminal witness are not only different from the ability of criminal witness, but also from the obligation of criminal witness. In the proceedings, witness qualification system has its own great significance, not only can it improve the efficiency, but also enhance the probative force of the witnesses’testimony.Elements of criminal witness qulifications are devided into the generals and the specials, the former mainly includes: the physical and mental capacity; a personal perception ability; the expression skills; and the oath or solemn representations ability. The special elments mainly include the following three categories: the accused, accomplice guilty, the accused’s spouse are distinguished according to their interest with the results of criminal cases; judges and jurors, lawyers, expert (expert witness), etc. are distinguished according to the conflicts between the profession and the criminal cases dealings; minors, mental patients are divided according to the age and mental state of the criminal witnesses.The major shortcomings of the witness qualification system in China are as follows: lack of clear provisions about the investigator witness qualification; lack of provisions about the refusing privileges to testify of witnesses; and lack of qualification objection procedure. Therefore, solving the above problems, we must improve the system in the following three aspects: to pinpoint investigators testifying qualification; to give special subjects the right to refusing testify; and to establish the witness qualification objection procedure.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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