After the witness appears in court, the judge should first verify the identity of the witness, the relationship with the parties and the relationship with the case, and inform the witness of the legal responsibility of truthfully providing testimony and deliberately perjury or concealing criminal evidence. Before a witness testifies, he shall sign a Letter of Guarantee for Truthful Testimony. The questioning of witnesses shall be conducted by the party applying for summons first. After asking questions, the other party may also ask questions with the permission of the presiding judge. When a judge deems it necessary, he may question the witness.
The legal provision for questioning witnesses is the Criminal Procedure Law.
The requirements for questioning witnesses are: questioning witnesses should be conducted individually; Can be carried out on the spot, but also in the unit, residence or place proposed by the witness; If a witness is questioned on the spot, he/she shall show his/her work certificate, and if he/she goes to the unit, residence or place where the witness is asked, he/she shall show the certificate of the people's procuratorate or the public security organ.
A witness has certain freedom when being interrogated, and can go to the witness's unit or residence, and provide testimony to the people's procuratorate or public security organ through the witness when necessary. The time for questioning witnesses is generally the longest time for summoning or detaining criminal suspects, which shall not exceed 12 hours, and criminal suspects shall not be detained in disguised form by continuous summoning or detention. Questioning witnesses is an activity in which investigators investigate witnesses according to legal procedures and ask questions about cases in words.
Who can't be a witness:
1, mental patient. However, the facts experienced by mental patients in normal mental period, or the facts that are suitable for their mental state, can be used as witnesses to testify.
2. minors. However, minors can testify as witnesses on facts that they can understand and are suitable for their age.
3. Agent ad litem in this case. The agent ad litem in this case conflicts with the identity of the witness and cannot be a witness.
4. Judges (including people's jurors), clerks, appraisers, translators, lawyers, bailiffs and prosecutors involved in civil cases cannot be named as witnesses of the case at the same time, because that will lead to role conflict, which is not conducive to the fairness of the case and the maintenance of litigation procedures.
Inquiry is an important means for public security organs to understand the case and restore the criminal process. Criminal Procedure Law/KLOC-The object of 0/2 hour questioning is the criminal suspect.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 122 Investigators may question witnesses on the spot, or go to the place where the witness is located or the place where the witness puts forward. When necessary, the witness may be notified to testify in a people's procuratorate or a public security organ. When questioning witnesses on the spot, they should show their work certificates, and when questioning witnesses at their units, residences or places proposed by witnesses, they should show their certificates from people's procuratorates or public security organs. The questioning of witnesses should be conducted separately.
Article 124 Investigators may question witnesses on the spot or at the unit, residence or place proposed by the witness. When necessary, the witness may be notified to testify in a people's procuratorate or a public security organ. When questioning witnesses on the spot, they should show their work certificates, and when questioning witnesses at their units, residences or places proposed by witnesses, they should show their certificates from people's procuratorates or public security organs. The questioning of witnesses should be conducted separately.