The process of witness appearing in court in criminal cases

The process of criminal witness testifying in court is as follows:

1, notify the witness, tell the witness when and where to appear in court, and tell the case;

2. Apply for witnesses to testify in court;

3, notify the witness, and inform the witness should tell the truth;

4. The witness fills in the guarantee for testifying in court;

5. Witness defense.

The rules for questioning witnesses are as follows:

1, and the content of the question should be related to the facts of the case;

2. Don't ask questions by inducing;

3. Don't threaten witnesses;

4, shall not damage the personal dignity of the witness.

The legal consequences of not appearing in court are as follows:

1. After being notified by the people's court, if the witness fails to testify in court without justifiable reasons, the people's court may compel him to appear in court, except the defendant's spouse, parents and children;

2. 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.

To sum up, it is clearly stipulated by law that contemporary China testifies in court. Under normal circumstances, witnesses in criminal cases must participate in trial activities in accordance with the law. In the process of litigation, witnesses are very important. Witness testimony is often an important basis for finding out the facts of a case, and it is also a widely used form of evidence. Witness appearing in court is a direct and effective way to test and judge the authenticity of witness testimony. Which party disagrees with the witness's testimony and which party applies for the witness to testify in court.

Legal basis:

Article 124 of the Criminal Procedure Law of People's Republic of China (PRC)

Questioning investigators about the location, methods and requirements of witnesses can be carried out on the spot, or at the unit or residence of the witness or the place where the witness is to be questioned. 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 principle of individual questioning of witnesses should be carried out individually.

Article 192

The public prosecutor, the parties concerned or the defenders or agents ad litem who testify in court have objections to the testimony of the witness, which has great influence on the conviction and sentencing of the case. If the people's court considers it necessary for the witness to testify in court, the witness shall testify in court.

The provisions of the preceding paragraph shall apply to the people's police who testify in court and testify about the criminal acts they witnessed while performing their duties.

If the public prosecutor, the party concerned, the defender or the agent ad litem have any objection to the expert opinion, the people's court considers that the expert has.