刑事庭审制度研究

aw the criminal charges. However, the prosecutor’s power should not hinder the right of defense and this power should be subject to the judiciary review at certain phases of the court trial proceedings. The re-prosecution by the prosecutor should comply with law made conditions after the charge or charges hxdye been withdrawn.

  Investigation of testimony is the pivot and difficult part of court investigation proceedings. System with regard to the production of testimony should be improved by providing fxdyorable environment for the production of testimony, by strengthening the written testimony and by the establishment of immunity from giving testimony. Application of written testimony should be standardized, taking into consideration of the present practice. Reasonable and practicable rules need to be drafted for the application of the written testimony (when the witness is not xdyailable). This should be done by reference to both the judicial practice and successful foreign experience. There need to be rules with regard to the application of written confessions when such confessions contradict with the confessions given in person at the trial court. When the witness or the accused appears at the court, their written statements can serve as the rebutting evidence as well as independent evidence under certain conditi

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