同案被告人口供的证据价值研究

A Study of the Value of the Testimony of a Co-defendant in Criminal Case

传统观点认为,同案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,案件的利害关系逐渐与证人资格脱离开来,同案被告人开始取得了作证的资格,其供述可以作为证人证言使用。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,同案共犯之间由于存在直接利害关系,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。

l＇raditionally, a co - defendant in a criminal case is not qualified as a witness simply because his destiny is closed linked with the results of the trial. With a global extension of the definition of witnesses, the eligibility of a witness gradually separates from his interest in the consequence of the case. The co - defendant is gradually eligible to produce evidence and his confession can be admitted as testimony. Of course, the weight of his testimony will be affected by the greatness of his interest in the result of the case. Specifically, because there is a direct interest between the accomplices, the probative force of their testimonies is generally weak and thus circumstantial evidence is needed. However, since no interest exists between those that are co - defendants, but are not accomplices,or those that are accomplices but are not accused in the same case, so the weight of their testimony is strong and soit is a case to be decided without circumstantial evidence.