In criminal cases, there is a type of evidence called witness testimony. This is the type of evidence that the judiciary fixes on persons who know the facts of the case. What is a witness? Witnesses in the Code of Criminal Procedure are those whom the judicial authorities refer to as witnesses to anyone who knows the circumstances of the case and who meets the requirements of the law and is qualified to testify. Anyone with knowledge of the facts of the case can testify. However, the law stipulates that those who are physically or mentally handicapped or young, who do not have the corresponding ability to discern or cannot express themselves correctly, and those who cannot distinguish between right and wrong and who cannot express themselves correctly cannot be witnesses.
How can witness testimony be used as a basis for a verdict?
If the witness testimony obtained by the judicial organ is to be used as evidence by the prosecution to prove the guilt of the criminal suspect or defendant, or if the defense provides witnesses to prove innocence or the least lenient, no matter which kind of witness must be cross-examined by the prosecutor, the victim, the defendant and the defender in the court where the people's court is heard, and after the people's court has verified that it is true, it can be used as the basis for the determination of the criminal case. If the testimony made by a witness in court contradicts his or her written testimony before the trial, but the witness is able to give a reasonable explanation and has other evidence to corroborate it, it shall be accepted as evidence for trial testimony. Where no reasonable explanation can be given, and his pretrial testimony is corroborated by other evidence, his pretrial testimony may be admissible. This reasoning is often used by the courts where the case is being tried, using discretion to deny witnesses' testimony in court and to use pre-trial testimony.
If a people's court needs to appear in court to hear a case, can a witness not appear in court?
If the witness's testimony can prove the basic facts of the case, and the people's court finds that it is really necessary for the witness to appear in court to testify, it will notify the witness to appear in court. If, after notification by the people's court, a witness refuses to appear in court without a legitimate reason or refuses to testify after appearing in court, the court cannot confirm the authenticity of the witness's testimony, and the witness's testimony must not be used as the basis for a verdict. The law stipulates that subsidies shall be given to witnesses for transportation, accommodation, meals, and other expenses incurred by witnesses in the performance of their obligation to testify. Subsidies for witness testimony are included in the operational expenses of judicial organs and are guaranteed by the finances of the government at the same level. Where witnesses from a work unit testify, their employer must not deduct or covertly deduct their wages, bonuses, and other benefits. In judicial practice, the appearance of witnesses in court is a special case, and if the people's court in a criminal case notifies the witness to appear in court, then the defendant and his defender must seize the opportunity to restore the truth of the facts of the case.
What are the legal provisions on the collection of witness testimony and the determination of validity?
According to the interpretation of China's Criminal Procedure Law, the court and the prosecution and defense should focus on reviewing the following eight items in the testimony of witnesses. (1) Examine whether the content of the testimony is directly perceived by the witness or transmitted evidence. (2) Examine whether the age and cognition, memory and expression ability, physical and mental state of the witness at the time of testimony affect the ability to testify. (3) Review whether the witness has an interest in the parties to the case and the outcome of the case. (4) The public security organs question whether the witnesses are conducted individually. (5) Whether the production and revision of the record of the witness's interrogation conforms to the law and relevant provisions, whether the start and end time and place of the interrogation are indicated, whether the witness is informed of the relevant rights, obligations and legal responsibilities during the first questioning, and whether the witness checks and confirms the record of the interrogation. (6) If juvenile witnesses are questioned, examine whether to notify their legally-designated representatives or representatives of their schools, units, grass-roots organizations or organizations for the protection of minors to be present, and whether the relevant personnel are present and recorded in the case. (7) Examine whether witnesses have been collected by violence, threats or other illegal means. (8) Examine whether the testimony can corroborate each other and whether there are contradictions with other evidence; if there are contradictions, whether they can be reasonably explained.
Lawyer Tips:
Anyone who knows the facts of a case has an obligation to testify. However, as a witness, you should truthfully state the facts of your own personal experience, not exaggerate or shrink, and do not make false statements. If the judicial organs find that the witness intends to commit perjury or conceal evidence of the crime, they will pursue the legal responsibility of the witness in accordance with law.
For more information, please pay attention to the headline number of Beijing criminal lawyer Xie Jianyong