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发表于 2009-12-13 03:18
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当时人权委员会给我的是一个无条件的保密担保,我后来在他们给我的小册子上也看到了保密法,没有任何条件和不适用的情况。这是基于加拿大宪法,任何人在一个司法程序里作证,testify, 他的证词Testimony 都不能够被用来使他入罪。 S. 13 of the Canadian Charter of Rights and Freedoms that provides the right against self-incrimination: "A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence".
至于你说的在人权委员会发生危害国家安全,人身安全的情况,就跟你在法庭上引发了一个炸弹,炸死人了,那就已经不是作证了。先看什么是作证:
Law Encyclopedia: Testify
To provide evidence as a witness, subject to an oath or affirmation, in order to establish a particular fact or set of facts.
Court rules require witnesses to testify about the facts they know that are relevant to the determination of the outcome of the case. Under the law a person may not testify until he is sworn in. This requirement is usually met by a witness swearing to speak the truth. A person who does not believe in appealing to God may affirm to the court that the testimony about to be given is the truth.
A witness may testify as to facts directly observed, which is called direct evidence; facts learned indirectly, which is called circumstantial evidence; or, in the case of an expert, an opinion the expert has formed based on facts embodied in a hypothetical question. The parties to the court proceeding are free to question a witness as to the truthfulness of the testimony or the competence of the witness.
The Fifth Amendment to the U.S. Constitution gives the defendant in a criminal trial the right not to testify, so as to avoid self-incrimination. In addition, the rule that a person must testify when called as a witness has several exceptions based on the existence of a special relationship between the defendant and the potential witness. Among the most important of these exceptions are confidential communications between a husband and a wife, an attorney and a client, a doctor and a patient, and a priest and penitent.
The rules of evidence govern what a person may testify about at a court proceeding. Though there are numerous exceptions, generally a witness may not testify about what she heard another say if that testimony is offered to prove the truth of the matter asserted. Such testimony is known as hearsay. For example, if the witness testifies that he heard that John Doe was married and this statement is offered to prove that John Doe was married, it is hearsay and the court will strike the testimony from the record.
请问你在法庭上杀人放火,那会是法庭审理你的案件需要而要求你回答的有关你案件的事实吗?
我想问下,人权委员会的保密法,是不是规定了有不适用的情况呢?
恩,换个问法:比如危害国家安全、人身安 ...
朝浪无语 发表于 2009-12-12 16:02 |
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