How does the Criminal Procedure Law stipulate witness testimony?
How does the Criminal Procedure Law stipulate witness testimony? In terms of the scope of witness's testimony in court, China adopts the system of combining witness's testimony in court with the exception principle. Article 61 of China's Criminal Procedure Law: "The testimony of a witness must be cross-examined and verified by the public prosecutor, the victim, the defendant and the defender in court before it can be used as the basis for finalizing the case. If the court finds that a witness intentionally perjures or conceals criminal evidence, it shall deal with it according to law. This provision requires that the testimony of witnesses must be cross-examined in court, which means that only when witnesses testify in court can the legislative purpose of being questioned and cross-examined be achieved. At the same time, Article 195 of the Criminal Procedure Law stipulates: "Public prosecutors and defenders shall present material evidence to the court for identification by the parties concerned, and documents such as witness testimony transcripts, expert opinions and inspection transcripts that are not present in court shall be read out in court as evidence. Judges should listen to the opinions of public prosecutors, parties, defenders and agents ad litem. " This shows that witnesses can fulfill their obligation to testify by testifying in court and orally stating the facts they know to the court, or they can not testify in court, and the judicial personnel will make a transcript of their testimony and read it out in court. In addition, article 14 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC) stipulates the exception principle, namely: "A witness shall testify in court. Under the following circumstances, with the permission of the people's court, a witness may not testify in court: (1) minors; (2) Suffering from serious illness or extremely inconvenient movement during the trial; (three) the evidence does not directly determine the trial of the case; (4) There are other reasons. " In terms of witness protection, China's current laws and judicial interpretations are empty, scattered and unsystematic. Article 63 of China's Criminal Procedure Law: "People's courts, people's procuratorates and 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. Articles 157 to 164 of the Rules of Criminal Procedure of the People's Procuratorate have similar provisions. The first paragraph of Article 307 of China's Criminal Law stipulates: "Whoever prevents witnesses from testifying or instructs others to commit perjury by means of threats of violence or bribery shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. "Article 308 stipulates:" Whoever retaliates against a witness shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. "The above provisions mainly legislate from the perspective of protecting the personal safety of witnesses, emphasizing post-event protection, and rarely implementing effective protection measures for witness protection. In addition, there are also some provisions on the investigation of perjury: Article 305 of China's Criminal Law stipulates: "In criminal proceedings, witnesses, expert witnesses, recorders and translators who intentionally make false proofs, appraisals, records and translations, or attempt to frame others or conceal criminal evidence, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. "But there is no perfect witness system, such as the economic compensation system for witnesses to testify in court and the disciplinary system for witnesses to refuse to testify in court.