共犯陳述的信用基礎及規則構建

共犯常常因與案件存在利害關係而導致其陳述不被信任，這種利害關係不會因為共犯所受實體處分的區別而有所不同，因此在訴訟中應當根據實質聯繫來判斷一名證人是否屬於共犯。共犯的利害關係還會因為與控方達成認罪豁免交易而進一步加劇，需要對被豁免的共犯的陳述給予更加謹慎之對待。構建共犯陳述信用制度有三方面內容：首先是保障被告人的質證權，質證權在為共犯陳述的真實性提供有力保障的同時也能為使用共犯陳述提供程序正當性基礎。其次，通過制定強制性補強規則為共犯陳述提供更強的信用保障。最後，對待與控方達成認罪豁免協議的共犯的陳述還應當制定額外的程序性規定，包括開示共犯簽署的認罪認罰具結書、賦予本案辯護人查閱共犯案件的卷宗材料等手段。

"Accomplices often have overlapping interests with the defendant, which causes their statements to be untrustworthy. This situation will not be weakened by the role of accomplice in the trial. Therefore, whether a witness is an accomplice should be judged based on the substantial connection of accomplices with the fact. The stakes of accomplices will be further exacerbated by a plea bargain with the prosecution. Such statements need to be treated more carefully. There are three aspects to the reconstruction of the accomplice's statement credit: First, guarantee the defendant's right of confrontation. While the confrontation right provides a strong guarantee for the authenticity of the accomplice statement, it can also provide a legitimate basis for the use of the accomplice statement. Second, it provides stronger credit protection for accomplice statements by formulating corresponding evidence rules. Finally, additional procedural guarantees should be provided for the accomplice who accept plea bargain statement that has reached a plea agreement with the prosecution, including the disclosure the deal of plea bargain, and give the defender an opportunity to consult the file materials of the accomplice case."