There used to be a widespread story about witnesses among defense lawyers (if there is a similarity, it is purely coincidental): Sir just let the suspect identify the picture of the head of the co-defendant from the interrogation room of the detention center, and then came out and said to the young auxiliary police officer of the detention center: Young man, come here, help me sign a letter.
PS: It is true that there are no qualified witnesses in this kind of identification in the detention center, because ordinary people cannot enter the detention center under daily circumstances.
Article 80:The following persons must not serve as witnesses:
(1) Persons who are physically or mentally handicapped or young, do not have the corresponding ability to distinguish, or cannot express themselves correctly;
(2) Persons with an interest in the case that might affect the fair handling of the case;
(3) Staff of supervision, public security, or judicial organs exercising their powers of supervision, inspection, search, seizure, organization and identification, and other such powers as supervision and investigation, or criminal proceedings, or personnel employed by them.
People's courts may conduct a review of whether a witness is a person provided for in the preceding paragraph, and may conduct a review of the witness's name, type and number of identity documents, contact information, and a permanent population information registration form as set forth in the relevant records.
Where for objective reasons it is not possible for qualified personnel to serve as witnesses, the circumstances shall be noted in the recorded materials, and audio and video recordings of the entire process of relevant activities shall be made.
unscramble:
Article 80 of the 2021 Interpretation of the Criminal Procedure Law provides for a witness system. The presence of witnesses is of great significance to ensuring the legality and objectivity of evidence collection activities. With regard to the witness system, the following matters need to be noted:
(1) Circumstances in which one must not serve as a witness. These mainly include situations such as those who do not have the ability to witness (those who are physically or mentally handicapped or young, do not have the corresponding ability to distinguish or cannot be correctly expressed), those who have an interest in the case (those who have an interest in the case and may affect the fair handling of the case), and the reasons for recusal (supervision and investigation such as exercising inquests, inspections, searches, seizures, organizational identification, etc., supervision of criminal procedure authority, public security, judicial organs or personnel employed by them).
(2) The examination procedure for the qualifications of witnesses, which is a new provision added to this article. People's courts may conduct a review of whether a witness is a person provided for in the preceding paragraph, and may conduct a review of the witness's name, type and number of identity documents, contact information, and a permanent population information registration form as set forth in the relevant records.
(3) Remedies for exceptions. For situations where it is not possible for qualified persons to serve as witnesses due to objective reasons, the circumstances shall be noted in the record; at the same time, this article further strengthens the "whole process audio and video recording" of the requirements for "video recording" of relevant activities in the 2012 Interpretation of the Criminal Procedure Law.
Source from Article 80 of the Judicial Interpretation of the Criminal Procedure Law (edited by Liu Jingkun)
Saturday, October 25, 2021 8:44 Office
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