刑事诉讼中证人因被告人的恶行在出庭作证有危险的情况下,证人可以不出庭作证,由此产生的庭外陈述具有证据能力。被告人因自己的恶行而实际上放弃了对质权,国家、受害人不能因被告人的恶行而受到损害,庭外陈述仍具有证据能力,具有可采性。但被告人恶行应限制在能使证人产生恐惧心理的绑架、威胁、谋杀等类似行为范围之内。 Witnesses in criminal proceedings may face the court to testify because of the evil deeds of the defendant, witnesses may not appear in court to testify, and the resulting out-of-court statement has the ability of evidence. The defendant actually gave up the right of pledge due to his evil conduct. The state and the victim can not be harmed by the defendant’s evil deeds. The court statement is still admissible and admissible. However, the evils of the accused should be limited to such similar acts as abductions, threats, murders and the like which would give the witness a fear.