1. The questioning of witnesses can only be conducted by investigators. The number of investigators shall not be less than two.
2. Investigators can interrogate witnesses at the witness’s unit or residence, but must produce certification documents from the public security agency or the People’s Procuratorate.
Article 17 of the "Implementation Regulations of the Six Agencies" and Article 97 of the Criminal Procedure Law stipulates: "Investigators may interrogate witnesses at the witness's unit or residence." "When necessary, they may also notify Witnesses must go to the People's Procuratorate or the public security organ to provide testimony."
3. Witnesses should be questioned individually.
4. In order to ensure that witnesses provide evidence truthfully, when interrogating witnesses, witnesses should be informed that they should provide evidence and testimony truthfully. Anyone who intentionally commits perjury or conceals criminal evidence shall be held accountable in accordance with the law.
5. When questioning a witness under the age of 18, his or her legal representative may be notified to be present.
6. When questioning a witness, the witness should generally be allowed to state the situation he/she knows in detail and continuously, and the source of the stated facts should be asked, and then based on the witness's statement, the case facts and relevant circumstances that should be determined should be combined , ask questions to the witness and let the witness answer.
7. A transcript of the witness statement should be produced and checked by the witness or read to the witness.
Extended Information Relevant Laws
Article 157 of the "Procuratorate Criminal Procedure Rules": During the investigation process, the People's Procuratorate shall promptly question witnesses and inform them of their rights and obligations to testify.
The People's Procuratorate shall ensure that citizens related to or informed of the case have the conditions to provide evidence objectively and fully and keep confidentiality. Except under special circumstances, the People's Procuratorate may recruit witnesses to assist in investigations.
Article 158 of the "Criminal Procedure Rules of the Procuratorate": The questioning of witnesses shall be conducted by prosecutors. During the inquiry, there shall be no less than two prosecutors.
Article 159 of the "Procuratorate's Criminal Procedure Rules"? The interrogation of witnesses may be conducted at the witness's unit or residence. Procurators shall present the People's Procuratorate's notice of interrogation of witnesses and their work permit. When necessary, witnesses may also be notified to provide testimony at the People's Procuratorate.
Baidu Encyclopedia - Questioning Witnesses