The written testimony provided by a witness who fails to appear in court without justifiable reasons shall not be used as the basis for ascertaining the facts of the case.
Usually in the trial, only written witness testimony is submitted, and the witness does not appear in court. For this kind of written witness testimony, lawyers can only state their opinions from three aspects: authenticity, legality and relevance, especially the legality is not recognized, mainly because the witness did not appear in court.
Is the witness evidence?
Witnesses are evidence. Witness testimony is a kind of evidence type stipulated by Chinese law. Witness testimony is a statement made by a witness about a case he knows. If the witness's testimony is obtained first-hand, it is the original evidence; if it is relayed or obtained from others, it is the transmitted evidence. Therefore, witness testimony may be original evidence or transmitted evidence. The key is whether it has been re-engraved. If the facts proved by witness testimony are directly obtained in person at the scene, then witness testimony is the original evidence; If the facts proved by the witness's testimony are not directly obtained in person, but relayed from his population, then the witness's testimony is to transmit evidence.
Witnesses in litigation usually have to appear in court. If a witness is notified by the people's court and fails to testify in court without justifiable reasons, the people's court may compel him to appear in court. If a witness refuses to appear in court without justifiable reasons or refuses to testify after appearing in court, the people's court will admonish him. If the circumstances are serious, with the approval of the President, the maximum detention is 10 day.
Legal basis:
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.