trial by witness 中文意思是什麼
trial by witness
解釋
依證人審判-
The adversarial nature of the trial process is the immediate determinant of its structural elements : the different stages which structure the proceedings. these ensure that for each witness / defendant there will be an examination - in - chief, by his own supportive counsel and a cross - examination, by the adversarial counsel / prosecutor. as well, each counsel / prosecutor typically will open his case by an opening address, and will close the case by a closing address
它的抗辯性質貫穿于構成庭審的各個階段:出庭的證人既享有被己方律師提問的權利,又承擔接受對方律師質證的義務;任何類型的庭審,律師公訴人都有權在庭審前申明代理、辯護意見,並在庭審結束時進行總結陳詞;陪審團出庭的案件中,法官還要向陪審團做出關於法律適用的指令。 -
The criminal witnesses procedures should be defined as : by the law, in the course of criminal cases against the witnesses used specific methods and procedures and rules, which includes examination of a witness in the trial process to be followed by the rules, including the testimony of witnesses for the rights and obligations
這些缺陷直接導致刑事證人出庭作證活動隨意、失控,證人出庭率偏低,影響了庭審改革的深化。對此,明確刑事證人出庭作證程序的涵義,規范證人出庭作證程序,並完善相關配套措施,勢在必行。
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