If the victim objects to the testimony of the prosecution witness, he has the right to apply for the witness to appear in court for cross-examination. Witnesses discovered by the victim who are favorable to the defendant may also apply to appear in court to testify.
The question is, when to apply? How to apply?
1. Apply at the pretrial conference
This is the last method. However, most cases do not have a pretrial conference.
2. Apply to the court separately
Article 182 of the Interpretation of the Supreme People's Court on the Application of the "Criminal Procedure Law of the People's Republic of China and the State" stipulates that the court The parties, legal representatives, defenders, and agents ad litem shall be notified to provide the list of witnesses and appraisers five days before the hearing, and to present evidence in court; apply for witnesses, appraisers, When an appraiser or a person with specialized knowledge appears in court, the name, gender, age, occupation, address, and contact information of the party concerned shall be stated.
The court did not notify me to submit a witness list for this case that was heard this month. I took the initiative to ask the court when the list of witnesses to appear would be submitted. The court's reply was: "You should collect the defense evidence. You only need to submit the witness statements to the court five days before the trial."
In accordance with the court's requirements, I submitted the witness statements and witness list to the court, and received a written notice from the court afterwards; "The witness statement you submitted was reviewed by the court and deemed to be in legal form, and the procuratorate does not require the witness to appear in court." ".
I had no choice but to explain to the witnesses: "The court and the procuratorate have recognized your testimony, and there is no need for you to appear in court for cross-examination."
As a result, the trial was held again without witnesses.
3. Make an application to the court in person
Article 192 of the new Criminal Procedure Law stipulates: During the court hearing, the parties, the defendant, and the litigation agent A person has the right to apply to notify new witnesses to appear in court, obtain new physical evidence, and apply for re-identification or inspection. Whether the application is granted or not is decided by the court.
Before the court investigation ends, the judge must ask: "Does the defendant have new evidence to submit to the court?"
At this time, the defendant can answer: "Someone can prove so-and-so."
The presiding judge must ask this question. The presiding judge is afraid of hearing such an answer. The defendant presents new witnesses and the court must adjourn. The trial judge will attempt to dismiss the defendant's request.
The lawyers don’t want this either, because after the adjournment, they don’t know when the trial can continue, and the lawyers have to make a trip.
The cases in court this month were handled skillfully. The presiding judge asked: "Does the defendant have any new evidence to submit to the court?" The defendant replied: "Yes, please let my lawyer present it." At this point, I read the witness statements obtained by the defense. The prosecutor said there was "no objection" to the court's declaration that the evidence was admissible.