Article 193 of the Criminal Procedure Law of People's Republic of China (PRC), if a witness fails to testify in court without justifiable reasons after being notified by the people's court, the people's court may compel him to appear in court, except the defendant's spouse, parents and children.
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. If the punished person refuses to accept the detention decision, he may apply to the people's court at the next higher level for reconsideration. Execution shall not be suspended during reconsideration.
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Case:
The witness overturned his testimony and refused to appear in court. He was administratively detained by the Suzhou court for 5 days.
201710127 October 07: 14? Source: Modern Express
In court, he retracted his confession and refused to appear in court. Recently, the People's Court of Xiangcheng District of Suzhou made the decision of judicial custody on the 5th for such a witness. The reporter of Modern Express learned that this is the first time that the Suzhou court system has detained witnesses, which has played a warning and educational role for witnesses who refused to appear in court without justifiable reasons and effectively demonstrated judicial authority.
In the case of Du Mou's intentional injury tried by Xiangcheng Court, Shen, as a witness, testified at the stage of public security investigation and saw the defendant commit a criminal act. However, after the first trial of the court, Shen reported in writing to Xiangcheng Court and Suzhou Intermediate People's Court that his testimony in the public security organ was untrue. At that time, he didn't see clearly and didn't know the whole process of causing the victim's injury.
In view of the contradiction between this testimony and the previous testimony, Xiangcheng Court sent a letter suggesting that the procuratorate verify and make up the investigation. Later, the public security organ issued a statement saying that Shen still said that he did not see the whole situation of the incident and was unwilling to explain the contradictions in his testimony. I don't want to testify anymore.
In order to find out the facts, the court organized a second hearing. Before the trial, the undertaker called Shen many times, but no one answered. On August 8, the court sent a notice of testifying in court to Shen by post, and Shen himself signed the letter on August 2 1. However, when the court opened on August 28, Shen still did not appear in court.
The collegial panel held that Shen denied his testimony in writing in the public security organ and refused to testify in court after being notified by the court, which made it impossible for the court to verify the authenticity and use of his testimony. Therefore, the witness Shen refused to testify in court without justifiable reasons, and the circumstances were serious. Therefore, in accordance with the provisions of the Criminal Procedure Law of People's Republic of China (PRC), the above detention decision was made according to law after being reported to the president for approval.
References:
People's Daily Online-The witness overturned his testimony and refused to appear in court. He was administratively detained by the Suzhou court for 5 days.