略论庭前供证的证明力与证据能力

On Proof Reliability and Weight of Evidence of Testimony Provided Before Court

庭前供证是指被告人或证人在庭审前向司法机关就案件事实所作的陈述,是与当庭供证相对应的概念。当庭前供证与当庭供证矛盾后如何采信,历来是司法理论界和实务界所关注的焦点。但由于庭前供证的及时和供证人的心理防线未完全建构的背景下,其获得的证明力不逊于当庭供证的品质,故在对庭前供证的证据能力进行严格的司法审查后,应当作为定案的根据。

Testimony provided before court refers to the presentation in respect of facts of the case submitted by the respondent or witness to the judicial authority before trial. Its corresponding concept is testimony provided in court. How to deal with the contradiction between these two concepts is always the focus noticed by judicial field in theory and in practice. The author thinks that because the witness who provids testimony before court has not built a mental defence and testified in time, the proof reliability is not less than that of testimony provided in court. Therefore, testimony provided before court shall be used as basis of verdict after a strict judicial examination of its proof reliability.