| The fact that investigators appear in court to explain the legality of evidence is one of the important ways to prove the legality of evidence collection.It is not only beneficial to the effective implementation of the rules for the exclusion of illegal evidence,but also one of the highlights of the Amendment of the Criminal Procedure Act 2012.However,the provisions of the Criminal Procedure Act on the identity of investigators are rather vague,which has generated discussions among theoretical legal professions,and has experienced difficulties in practice,such as the rights and obligations of investigators’appearances,the confusion of the rules of the cross-examination.Regarding the identity of investigators,there are currently several views including "denial of witness identity","tangential witnesses" and "witness of procedural facts".After reviewing and analyzing the above-mentioned views from the perspective of jurisprudence,it is concluded that the investigators are qualified for their appearances.However,the testimony of investigators is different from the ordinary witnesses,investigators appear in court for the evidence legality in the investigation procedure.A separate procedure complaint causes the investigator to change from a traditional entity witness to a procedure witness.In this case,the identity of the investigator should be a witness.Since the identity and role of the investigators are the core issue in the regulation of investigators appearance,so that the identity and role of the investigators should be firstly clarified,then whether the investigators should appear in court to for explanation and its conditions,the rules of the cross-examination,the consequences of the perjury and refusal of appearance and the restriction on the use of written materials should be specified.Finally,the protection and training of investigators in court shall be strengthened,and an incentive mechanism shall be established to prompt the investigators to appear in court to explain the situation,thereby ensuring that the system operates more effectively. |
