侦查人员出庭作证的法律分析——以非法证据排除规则为主要视角

A Legal Analysis of Investigators' Giving Testimony in Court——To View from the Perspective of the Exclusion Rule of Illegally Obtained Evidence

2012年《刑事诉讼法》实施后,侦查人员出庭作证有了明确的法律依据。从法律及相关规范性文件的规定来看,我国的侦查人员出庭作证制度具有如下特点:以非法证据排除规则为基础,以防止冤假错案为目标,以审前被告人供述的合法性为审查重点;优先适用办案单位出具的"情况说明",侦查人员出庭作证是对证据合法性进行调查的最后保留手段等。为保障侦查人员出庭作证制度顺利实施,需要立法明确:侦查人员出庭时的证人地位,并规定与普通证人不完全相同的权利、义务和法律后果;规定当庭证言与"情况说明"不一致时的证据取舍;规定被告人及其辩护人申请侦查人员出庭作证的权利。为减少侦查人员出庭作证的阻力,需要做到:完善配套制度,充分体现公、检、法三机关分工合作原则的精神,取得侦查机关的支持;加强对侦查人员出庭知识的培训,提高侦查法治化的水平。

After the implementation of the Criminal Procedure Law in 2012, investigators＇ giving testimony in court has got clear legal basis. According to the rules of law and concerned standard documents, the system of investigators＇ giving testimony in court has the following characteristics： it takes exclusion rule of illegally obtained evidence as its base, aiming at avoiding unjust cases and focusing on examining the legality of the defendants＇ confession before trials; it gives priority to the representation provided by the departments handling cases and takes investigators＇ giving testimony in court as the last method of looking into the legality of evidence. In order to guarantee the implement of this system, legislation is needed to clarify the witnesses＇ position, their rights, obligations and lawful results which are different from ordinary witnesses, as well as regulate how to select when the testimony in court is different from representation, and what the rights of the defendants and their advocates are when they ask for investigators giving testimony in court. In order to reduce the prevention for investigators, auxiliary systems should be improved to show the principle of working in cooperation with a due division of labour among public security organs, procuratorial organs and people＇ s courts. Also, the investigators should be trained with the knowledge of giving testimony in court and the legalization of investigation has to be improved.