1, site;
2, the witness's unit, residence or the location of the witness;
3. Procuratorate or public security organ.
20181010.6, after the criminal complaint was amended:
Article 124 of the criminal procedure law? (Where and how to question witnesses)
Investigators can question the witness on the spot, or they can go to the unit, residence or place where the witness is presented. 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.
Extended data:
Rules that investigators should follow when questioning witnesses and victims:
Questioning witnesses and victims is an important investigation activity for investigators to obtain witness testimony and victim statements. In order to ensure the safety of witnesses and help them provide truthful testimony, investigators must strictly abide by the law when questioning witnesses:
1, should be in line with the convenience of witnesses and victims, protect the safety of witnesses, find out the facts of the case, according to the actual situation, determine the location of questioning witnesses and victims in accordance with the law. Questioning witnesses and victims can be conducted in their units or residences, or they can notify the people's procuratorate or the public security organ to provide testimony and state the situation of the victims.
Asking in the unit or residence of the witness and the victim can save the time of the witness and the victim, facilitate the masses, get the support and help of the unit where the witness and the victim work in time, understand the situation of the witness and the victim, and help to analyze and judge the testimony and statements provided by the witness and the victim.
When going to the unit or residence where witnesses and victims belong, they must produce the certification documents of the people's procuratorate or public security organs, that is, the certification letter issued by the people's procuratorate and public security organs to prove the identity of the inquirer and perform the task, as well as the working documents of the people's procuratorate or public security organs, so as to prevent the abuse of investigation power and better protect the legitimate rights of citizens.
When necessary, witnesses and victims may also be notified to testify in a people's procuratorate or a public security organ and state the situation of the victims. This is conducive to the investigation organs to keep secrets for them, to ensure the safety of witnesses and victims, to prevent the interference of witnesses, victims' units, relatives or others, and to facilitate witnesses and victims to truthfully inform them of the case.
2, should be carried out separately. That is to say, when interrogating several witnesses and victims in the same case, they should be conducted one by one and individually. When interrogating a witness, no other witnesses or victims can be present.
This is mainly to prevent witnesses, victims or witnesses and victims from influencing each other and colluding with each other, to ensure that the information provided by witnesses and victims is true and reliable, to keep the case confidential and to ensure the smooth progress of investigation activities.
3. They should be told to provide evidence truthfully, truthfully inform them of the case they know, and inform them of the legal responsibilities they will bear for deliberately perjury, providing false information and deliberately concealing criminal evidence. When questioning witnesses and victims, investigators should inform them that they should truthfully provide testimony and other evidence.
First of all, tell him to hand over the documentary evidence, physical evidence and other evidence he has truthfully, and not to conceal or destroy or alter it privately; The second is to tell them that the case they know should be said or written realistically, and they can neither exaggerate nor shrink it.
Investigators want to tell witnesses and victims the legal responsibility of perjury or concealing criminal evidence, that is, to let them know the relevant legal provisions, tell them what kind of legal responsibility they will bear if they don't provide evidence on the spot, and let them know the witness obligation of insiders and the consequences of perjury or concealing criminal evidence.
4. When questioning a minor witness or a victim under the age of 18, you can notify his legal representative to be present. Investigators can ask juvenile witnesses and victims according to the actual situation of the case. The presence of the legal representative does not hinder the investigation and evidence collection, nor does it affect the witnesses and victims to truthfully provide the information they know about the case, or the witnesses and victims are young or have concerns and need the legal representative to be present.
In this case, the investigator may notify the witness and the legal representative of the victim to be present; If the presence of a witness or victim who is close to adulthood and can fully express his true meaning or his legal representative will increase the psychological pressure of the witness or victim and make the witness or victim give false testimony, the investigator may not notify his legal representative to be present.
5, should do a good job of interrogation record, and the interrogation record to the witness and the victim to check, let them see if there are omissions or errors. Read aloud to illiterate witnesses and victims. If there are omissions or errors, witnesses and victims may supplement or correct them.
After the witness and the victim think that there is no mistake, they shall be required to sign or seal. Investigators should also sign the records. Witnesses and victims who request to write their own testimony shall be allowed; When necessary, investigators may also require witnesses and victims to write their own testimony.
People's Network-People's Republic of China (PRC) Criminal Procedure Law