论同案被告证人资格及证言证明力

On the Witness Qualification and the Probative Force of the Defend ant in the Same Case

传统观点认为,刑事被告人与案件结果存在利害关系,因此其不具有证人资格。随着世界范围内证人资格的扩张,刑事被告人与案件的利害关系逐渐与证人资格脱离开来,同案被告人的供述可以作为证言使用。当然,同案被告人与案件利害关系的强弱影响到其证言的证明力。具体来说,由于同案共犯之间存在直接利害关系,其口供在一般情况下需要补强;而同案非共犯以及非同案共犯由于与案件不存在利害关系,因此其口供证明力较强,无需补强即可作为定案依据。

It is traditionally thought that the defendant has no qualification of being witness if he has relation with the result of the case. With the expansion of the qualification of witness in the world, the relation with the case has been separated escaped from the qualification of witness, and the defendants, confession in the same case can be regarded as deposition. Certainly, the relation with the case will affect the probative force of criminal evidence. Since the accomplice have the direct relation mutually, the probative force of their oral confession is weak and need to be further corroborated. However, if defendants in the same suit have no relation mutually, the probative force of their oral confession is strong and thus their confession can be the evidence.