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Prof. Asbjørn Strandbakken from University of Bergen Law School Gave a Lecture on the Jurist Forum of RUC Law School: Evidence Disclosure in Public Prosecution

At the invitation of RUC Law School, Prof. Asbjørn Strandbakken, the former dean of University of Bergen Law School attended the Jurist Forum on Nov. 16th, 2017, and gave a lecture with the theme of í░Evidence Disclosure in Public Prosecutioní▒. The forum was presided over by Prof. Shi Yanan, the director of Criminal Law Research Institute and deputy dean of RUC Law School. Prof. Han Dayuan, Prof. Liu Mingxiang, Prof. Li Fenfei and associate professors Wei Xiaona and Chen Xuan also attended the forum.

In his lecture, Prof. Asbjørn Strandbakken explained the obligations of evidence disclosure required by the fair listening principle in European Convention on Human Rights, while introducing the relevant criminal trial legal system and cases in Norway. He pointed out that based on the fact that everyone is entitled to a fair trial, the defendant and his or her defenders are supposed to know that what evidence will be used to accuse the defendant in the trail and this is also the embodiment of the equality between the prosecuting and defending parties. However, there are three main situations where this right is limited: first, the evidence shouldní»t be disclosed to the defendant and the defenders when it refers to natural security and natural interests; second, in order to protect the witnesses from being threatened or even revenged, there exist such systems as the prohibition of informing the defenders of the witnessesí» name; third, when it comes to policy secrets, it is not allowed to disclose the contents of the evidence to the defending party.

Prof. Asbjørn Strandbakken held the point that the information that is not shared with the defendant and his or her defenders cannot be used as a part of evidence for trail. The court, therefore, can take some measures to suggest the defendant. The three measures he provided are as follows: first, the defendant should be informed that the persecuting party has more evidence that hasní»t been disclosed; second, the defendant and his or her defenders should be given the opportunity to debate when the uninformed evidence is proposed in the trail; third, a rough description about the contents of the evidence should be given despite the fact that its details cannot be disclosed.

After the lecture, Prof. Liu Mingxiang, on behalf of Criminal Law Research Institute, issued an appointment letter of part-time researcher to Prof. Asbjørn Strandbakken. The memorial card and the poster of the Jurist Forum were presented simultaneously.

Dean Wang Yi also met with Prof. Asbjørn Strandbakken during the latterí»s visit in RUC. On behalf of RUC Law School, Dean Wang presented some relevant books to the Chinese Law Center of University of Bergen.

Since the inter-school cooperation agreement was signed in 2011, RUC Law School and University of Bergen Law School have launched close cooperation in the fields of student exchange, teacherí»s short-term lecture, doctoral seminar, co-held academic conference and so on. University of Bergen granted Prof. Han Dayuan of our school the honorary doctorate degree in May, 2017. In the same month, the Chinese Law Center was established in University of Bergen while Prof. Zhu Yan of our school served as a member of the centerí»s academic committee.

(Editor: Qu Yinsheng)

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