精神病被害人证人资格及其陈述的证明力探析

对精神病被害人的证人资格及其陈述的证明力,我国《刑事诉讼法》规定不明确,导致实践中认识不一致。从国外立法和司法实践看,精神病被害人具有证人资格,其陈述在一定条件下具有证明力;深入探析我国刑事诉讼法的立法精神,可以发现,精神病被害人亦可以具有证人资格,其陈述在他具有一定记忆能力、表达能力并符合刑事诉讼证据规则的条件下也具有证明力。

On the Witness Qualification of a Victim with Mental Disease and the Weight of His/Her Testimony

Chinese criminal procedure law is not specific about the witness qualification of a victim with mental disease and the weight of his/her testimony,which made the practices very different from each other.In the foreign legislation and legal practice,we can find that a victim with mental disease is qualified as witness whose presentation can be used as evidence under certain conditions.Penetrating into the legislative spirit of Chinese criminal procedure law,we can come to the conclusion that victim with mental disease can also be qualified as witness whose presenta- tion can bear some evidential power on condition that he/she could memorize and present the things happened,and tally with the concerning rules of criminal procedure law.