laitimes

Methods of collecting evidence for witness testimony of intoxication, narcotics, or psychotropic substances

author:Talmusu Prague

(1) Pay attention to asking and understanding from other insiders the dosage of alcohol, narcotics or psychotropic drugs they drank at that time, combined with their usual drinking, taking narcotics, and psychotropic drugs, and comprehensive analysis to determine whether they had reached a state of delirium and inability to distinguish between right and wrong at that time.

(2) Pay attention to asking them about their state of mind when they perceive the situation of the case, and pay attention to collecting testimony from others present to prove their state of behavior at that time.

(3) To verify their state of mind at that time by asking about the environmental conditions of the case scene related to the case situation, the weather conditions at that time, or other situations that have occurred at the scene of the case that have been identified.

(4) Regarding whether the witness was drunk or taking narcotic drugs or psychotropic substances and his state of mind at the time when testifying, if necessary, he should pay attention to showing it in the record through interrogation, or objectively reflect the witness's mental state at that time through synchronous audio and video recording of the whole process of interrogation.

(5) It is necessary to comprehensively analyze whether their statements of the case situation conform to objective reality in combination with other evidence in the case, and whether there is a contradiction between their testimony and other evidence, and if the situation proved is in line with objective reality, and there is no contradiction with other evidence, it can be used as evidence, and vice versa, it cannot be used as the basis for the verdict.

(6) For those who have the conditions for appraisal, the witness should be promptly appraised of the state of drunkenness, narcotic poisoning or psychotropic substance anesthesia.

Read on