论文部分内容阅读
证人证言的质量对定罪量刑和庭审程序产生重大影响,因此,笔者认为,公安司法机关及其工作人员应当积极采取措施,保障证人证言的质量。一、明确对书面证言中证人资格的审查规则。证人是否适格,应由法官根据证人资格的条件,对笔录中记录的证人信息进行分析,并依据自由裁量权确立。控辩双方对法官决定证人是否适格的裁量有异议的,双方对证人适格自然条件有异议的,可以申请对证人进行作证能力鉴定,由专门鉴定机关出具鉴定报
The quality of witness testimony has a significant impact on conviction, sentencing and hearing procedure. Therefore, the author believes that public security and judicial organs and their staff should take active measures to ensure the quality of witness testimony. First, clear the written testimony in the witness qualification rules. Whether or not the witness is qualified, the judge shall, based on the conditions of the witness’s qualification, make an analysis of the witness information recorded in the transcript and shall be established on the basis of discretion. If both parties have different opinions on the discretion of the judge in determining the suitability of witnesses, both parties may dispute the suitability of the natural conditions of the witnesses, and may apply for the identification of the witness, and the appraisal organ shall issue an appraisal report