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On the tainted witnesses testified exemption System

Author: HouZuo
Tutor: LiuMei
School: China University of Political Science
Course: Procedural Law
Keywords: Tainted witnesses Immunity of witness Against self - incrimination privilege
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 209
Quote: 1
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Abstract


In our society at this stage the field of crime, drug smuggling syndicate plan, co-organized crime and corruption and bribery has been gradual upward trend, due to continuously enhance the growing maturity of the criminal means as well as covert, how to obtain The key evidence of a crime is a major challenge facing us in the investigation prosecution stage. Therefore, we should follow the advanced countries in the world of investigative methods and investigative techniques. In this one, outside the main suspects, but also there is a marginal person, they are both crime participants to understand the crime, the real process, the role in the crime is very small, therefore they have to offer testimony often can be taken as a key evidence, such a person is a tainted witness. Tainted witness is to testify for the Judiciary is committed to protecting the suspect in the appropriate method benefits the common crime witnesses to testify in the waiver system. Immunity of witness is the suspect, the defendant testify for the prosecution in order to be given a lighter or mitigated criminal, from criminal prosecution or be exempted from punishment treatment of a criminal justice system. Immunity of witness system generated with the protection of human rights ideas, procedures fair sense of the traditional common law countries, the premise of the system is opposed to forced to prove himself principles. In the past few years, as of Organized hidden crime is constantly enhanced, in the course of the investigation, crime participants prove that crime is very necessary. View of this, in our country to explore ways to establish a tainted witness exemption system has a practical significance. This article first made a scientific definition of tainted witnesses and other related concepts, on the basis of comparative law study abroad to testify exemption system, as well as a tainted witness to testify the feasibility and necessity of the exemption system in our country to promote the final , put forward China's tainted witnesses exemption system building ideas: First established in our country \The scope of the case and the applicable range of the object, start the procedure to testify exemption application for approval to do the perfect proposal, the final implementation of the tainted witnesses practical protection measures and supporting measures.

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