Reasons why witnesses do not testify in court
(1) Influenced by traditional backward ideas, witnesses are subjectively unwilling to testify in court. Since ancient times, it has been considered a bad thing for people to enter yamen. At the same time, the thought of "washing your dirty linen in public" and "more than one thing is better than less" has far-reaching influence. Some people don't have a strong sense of law, and they think that testifying is a "black hand" behind others' backs, not an aboveboard act, and they will be laughed at. However, some people lack a sense of justice, "it's none of their business, and they hang high". They always proceed from their own interests, fearing that they will bring inconvenience to themselves and lose more than they gain, and rarely take into account the feelings of the victims. At the same time, witnesses are also afraid of being attacked and retaliated when testifying in court, which brings insecurity to their families. For the above reasons, witnesses are subjectively unwilling to testify in court, or even unwilling to testify.
(2) The law enforcement level of law enforcement personnel is not high, and they do not fully realize the importance of witnesses appearing in court to testify. At present, many law enforcement officers do not realize the importance of witnesses testifying in court, and believe that the written materials of witness testimony have the same legal effect as witnesses testifying in court. There is no need to let witnesses testify in court, which wastes time. Therefore, in their work, they often only require the recording of witness testimony, and do not require witnesses to testify in court. In the stage of court cross-examination, the cross-examination work is just a formality. Even if the defendant and his defenders question the witness's testimony, they don't care, which not only damages the defendant's legal litigation rights, but also dampens the witness's sense of obligation to testify in court, and is even more unwilling to testify in court.
(3), the relevant provisions of the law on the system of witnesses appearing in court are not perfect, which is the most critical reason and the first two reasons.
According to the provisions of the Civil Procedure Law, the parties have the responsibility to provide evidence to the court for their claims. In other words, the burden of proof in civil litigation is mainly fulfilled by the parties themselves. The people's court shall investigate and collect evidence that cannot be collected by itself due to objective reasons, or evidence that the people's court considers necessary for hearing a case. At present, there is no provision in China's civil litigation about forcing witnesses to appear in court, and there is no provision about the legal responsibility that witnesses should bear if they do not appear in court. Article 70 of the Civil Procedure Law stipulates that all units and individuals who know the case are obliged to testify in court. The person in charge of the relevant unit shall support the witness to testify. If a witness is unable to appear in court due to real difficulties, he may submit written testimony with the permission of the people's court. People who cannot express their will correctly cannot testify. Therefore, in civil proceedings, witnesses who are unwilling to testify in court cannot be punished.
What if the witness is unwilling to testify? When the witness is unwilling to testify, the parties to the case or the public security organ can't force it, but they can understand it with emotion and grind it slowly until the other party is willing to testify.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 62 Anyone who knows the circumstances of a case has the obligation to testify.
A person who is physically and mentally defective or young, can't distinguish right from wrong and can't express correctly, can't be a witness.
Article 188 If a witness fails to testify in court without justifiable reasons after being notified by the people's court, the people's court may compel him to appear in court, except the spouse, parents and children of the defendant. If a witness refuses to appear in court without justifiable reasons or refuses to testify after appearing in court, he shall be admonished. If the circumstances are serious, with the approval of the dean, he shall be detained for less than ten days. If the punished person refuses to accept the detention decision, he may apply to the people's court at the next higher level for reconsideration. Execution shall not be suspended during reconsideration.
Procedures for handling criminal cases by public security organs
Article 68 If the people's court considers that the existing evidence materials cannot prove the legality of evidence collection, and informs the relevant investigators or other personnel to appear in court to explain the situation, the relevant investigators or other personnel shall appear in court. When necessary, the relevant investigators or other personnel may also request to appear in court to explain the situation.
According to the notice of the people's court, the people's police shall testify in court for the criminal acts witnessed while performing their duties.
Article 69 Anyone who knows the circumstances of a case has the obligation to testify.
A person who is physically and mentally defective or young, can't distinguish right from wrong and can't express correctly, can't be a witness.
Whether the witness can distinguish right from wrong and express correctly can be examined or appraised when necessary.
Article 70 Public security organs shall ensure the safety of witnesses and their close relatives.
Threatening, insulting, beating or retaliating against witnesses and their close relatives, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it is not serious enough for criminal punishment, it shall be given administrative punishment for public security according to law.
Article 205 The questioning of witnesses and victims may be conducted on the spot, at the unit or residence where the witnesses and victims are located, or at the place proposed by the witnesses and victims. When necessary, witnesses and victims may be notified to testify in public security organs.