侦查人员出庭之公诉实务研究

The prosecution practice research of investigators testify in court system

侦查人员出庭制度在实践过程中具有适用率偏低、被告人翻供比例高,律师参与诉讼及作无罪辩护比例高,案件类型分布广,出庭目的主要是为证实取证行为合法性等特点。侦查人员出庭后,被告人翻供使原证据体系受冲击,交叉询问致使庭审对抗性加强,庭审效果的不可预测性增强,不出庭或故意做伪证对公诉存在风险。公诉人应当在审查起诉阶段仔细审查证据,开庭前做好沟通,庭审中做好法庭询问,庭审后做好总结。

Investigators testify in court system in the process of practice, possess many characteristics, such as applicable rate is low, while defendant confession rate is high. And ratio of lawyer participating in litigation and pleading no guilty is high, distribution of the case type is wide, trial is mainly focused on verifying legitimacy forensics, etc. When investigators appear in court, the defendant confession impacts the original evidence system, cross-examination trial strengthens suit opposability which enhances the unpredictability of hearing. Also absence in court or intentional perjury exposes a risk to public prosecution. Therefore the public prosecutor should carefully review evidences in examination and prosecution stage, communicate well before hearing, carry on right courtroom inquiry in it and make a good summary after it.