论证人出庭作证中“对定罪量刑有重大影响”法定内涵之合理解读

Reasonable Interpretation of the Legal Connotation of "Significant Impact on Conviction and Sentencing" in Witness to Testify in Court

"对定罪量刑有重大影响"作为刑事诉讼证人出庭的三要件之一,其规定之不明确性,使得"人民法院认为有必要"成为证人需要出庭的主导要件。而人民法院对证人出庭往往持较为消极的态度,不利于证人出庭制度的推行。因此,对"定罪量刑有重大影响"的理解,应当以被告方主观判断为要件,并通过对该证言是否涉及定罪量刑问题,是否适用速裁程序、简易程序、认罪认罚从宽制度等形式判断,对该条款之适用进行限制。其目的在于设置"宽进严审"的证人证言审核门槛,限制人民法院证人出庭申请决定权,在充分保障被告人诉讼权利之基础上,提高诉讼效率,实现公正与效率之有机统一。。

As one of the three important elements of witnesses in criminal proceedings, the uncertainty of the provisions makes the ＂people＇s court consider it necessary＂ to become the dominant element for witnesses to appear in court. The people＇s court often has a negative attitude towards the witness appearing in court, which is not conducive to the implementation of the system of witness appearing in court. Therefore, the understanding of ＂significant impact on conviction and sentencing＂ shall be based on the defendant＇s subjective judgment to be an important requirement, and the testimony is involved in the conviction and sentencing issues, whether to apply for fast cutting program, simple procedure and the guilty penalty leniency system and other forms of judgment, and the restrictions on the application of this clause. The purpose is to set strict trial testimony of witness audit threshold. Limiting the right to apply for a court of witness in the people＇s court can improve the efficiency of litigation and realize the organic unity of justice and efficiency on the basis of full protection of the defendant＇s procedural rights.