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证人是否享有不被强迫自证其罪权在境外法治国家的立法中呈现三种不同的类型。相关国际公约正在逐渐认可证人享有不被强迫自证其罪权,我国应当明确承认证人享有此权利。由于证人与被追诉人在刑事诉讼中的地位和角色不同,两者的不被强迫自证其罪权在行使条件、保障程序等方面存在重大差异。为了平衡真实发现与保障证人不被强迫自证其罪权的关系,我国应当赋予证人有限的罪行豁免,严格限定豁免案件的适用范围,并完善证人作证的豁免程序。
Whether or not a witness is not compelled to prove his or her own crimes presents three different types in the legislation of overseas countries under the rule of law. Relevant international conventions are gradually endorsing the witness’s right not to be compelled to self-incriminate, and China should clearly recognize the witness’s enjoyment of this right. Because of the different status and roles of witnesses and the persons being prosecuted in criminal proceedings, the two are not compelled to prove that there are significant differences in terms of exercising conditions and safeguarding procedures for their crimes. In order to balance the relationship between the real discovery and the guarantee of the witness not being compelled to self-incriminate, our country should grant the witness limited immunity of the crime, strictly limit the scope of application of the exemption case, and improve the exemption procedure of witness testimony.