The victim cannot be a witness, and the witness must be someone who has no interest in the case and knows the case. The people's courts, people's procuratorates and public security organs shall ensure the safety of witnesses and their close relatives. Witness testimony 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.
Can the recording be used as court evidence?
Audio-visual evidence is one of the forms of evidence permitted by law. According to Article 63 of the Civil Procedure Law, there are eight forms of evidence, the fourth of which is "audio-visual materials", that is, audio-visual materials evidence. In the civil code, there is also a provision of "recording wills". Therefore, there is no dispute about the form of evidence allowed by the audio-visual materials law. But at the same time, according to the law, illegally obtained evidence cannot be used as valid evidence, and recorded evidence, if illegally obtained, still cannot be used as valid evidence.
I hope the above questions can help you. If you have other legal questions, please consult a professional lawyer.
Legal basis: Article 6 1 of the Criminal Procedure Law.
Witness testimony 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.
Article 62
Anyone who knows the 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.