Crime Of Refusing To Provide The Evidence Of Crimes Of Terrorism And Extremism In The Perspective Of Rights In Criminal Procedure

The crime of refusing to provide the evidence of the crimes of terrorism and extremism is added in criminal law by The Amendment to Criminal Law ?.It's a significant measure the government take to control the evolution of crimes of terrorism and extremism.However,the accusation also create some kind of conflicts between itself and rights in criminal procedure which might damage some procedural rights the litigant owns.To clear and definite the range of punishment of the crime,fight with crime effectively and protect basic human rights,it is helpful to analyzing the background and conflicts in the perspective of protecting rights in criminal procedure and maintaining restraining criminal law.This whole thesis consists of three parts:Part 1 is analysis about background of the accusation from the point of theory and reality.On the one hand,terrorism and extremism are sustaining expansion not just in the international community but also interiorly.The government is expected to take actions on policy with the urgency of protecting communities and difficulty to take the evidence which is turned into the realistic background of the accusation.On the anther hand,with the development of postindustrial age,the theory of legislation such as theory of risk criminal law,Feindstrafrecht and utilitarianism are also developing and militating to our legislation,becoming the theoretical background of the accusation.Part 2 analyzing the conflict between the accusation and rights in criminal procedure.The conflict means that the accusation ignores the protection to specific person from privilege of witness and the privilege against self-incrimination,instead of establishing duties of testifying for all citizens.About the reason,absence of rationality of legislation,variation of theory of criminal law and unbalance of multivariant social value can all exert an effect to the conflict.By the end,considering the urgency of protecting and development of rights in criminal procedure,the accusation should be limited.Part 3 is talking out the limiting cognizance of this accusation.About the crime object,talk about the significance of cognizing crime object correctly before discussing what kind of crime object this accusation might have.About the objective respect,discuss the following questions in turn.The first one is the definition of judicial officer and time of crime.The second one is what the behavior of refusing means and what kind of behavior should be excluded.The last one is the detailed circumstances of severe violation.About the subject,there are three kind of people who can't be defined as the subject of this accusation basing on privilege of witness.the privilege against self-incrimination and relating stipulation the lawyers follows.The people mentioned includes someone at the risk of self-incrimination,relatives of suspect/criminal and lawyers who are shouldering responsibility.About the subjective aspect,discuss the form of sin and consciousness of criminal intent.About the limit between this accusation with other illegal behavior,mainly discuss the behavior refusing to testify appeared in court,crime of shielding,crime of perjury and crime of hindering public affairs.Limiting the range of punishment of this accusation can make the fighting of crime and protecting of rights in criminal procedure both worked and serve for our community further effectively.