The Admissibility of Pre-Trial Testimonial Transcripts: A Discussion of Practice In China and In the International Criminal Tribunals

Frontiers of Law in China, 2018, 13(1): 67-85

19 Pages Posted: 2 Dec 2018 Last revised: 8 Jan 2019

See all articles by Zhuhao Wang

Zhuhao Wang

China University of Political Science and Law; Northwestern University Pritzker School of Law

Yanni Huang

China University of Political Science and Law, Institute of Evidence Law and Forensic Sciences, Students

Date Written: March 14, 2018

Abstract

In Chinese criminal procedure, the issues of illegally obtained evidence and witnesses not appearing in courtroom are under fire, which is partly rooted in the fact that the Chinese courts do not limit the admissibility of pre-trial testimonial transcripts in judicial practice, zealously pursue the “truth of fact” while disregard defendant’s right to confront. Focusing on the admissibility of pre-trial testimonial transcripts, the article will first analyze the current legislations and judicial practice in China, then from a comparative perspective introduce the corresponding written testimony rules of the International Criminal Tribunal (Court) which distinguishes the admissibility of different categories of written testimony, with an aim of both protecting the criminal defendant’s right of confrontation and pursuing truth in fact-finding. The practice in International Criminal Tribunal (Court) provides a good starting point for China to rethink its own practice and learn from.

Keywords: pre-trial testimonial transcripts, admissibility, the International Criminal Tribunal (Court)

Suggested Citation

Wang, Zhuhao and Huang, Yanni, The Admissibility of Pre-Trial Testimonial Transcripts: A Discussion of Practice In China and In the International Criminal Tribunals (March 14, 2018). Frontiers of Law in China, 2018, 13(1): 67-85. Available at SSRN: https://ssrn.com/abstract=3273752

Zhuhao Wang (Contact Author)

China University of Political Science and Law ( email )

25 Xitucheng Rd
Haidian District
Beijing, Beijing 100088
China

HOME PAGE: http://zjkxyjy.cupl.edu.cn/info/1120/2381.htm

Northwestern University Pritzker School of Law ( email )

375 East Chicago Avenue
CHICAGO, IL 60611
United States

Yanni Huang

China University of Political Science and Law, Institute of Evidence Law and Forensic Sciences, Students ( email )

Beijing
China

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