1. Definition and purpose of cross-examination.
Cross-examination is a process in which lawyers or parties question and refute the evidence presented by the other party in court. The purpose of cross-examination is to reveal the authenticity, credibility and legal effect of evidence through effective examination of evidence, so that judges can make fair and accurate judgments.
2. Procedures and elements of cross-examination
The cross-examination process usually consists of questions, answers and debates. In the process of cross-examination, lawyers or parties will ask questions about the witnesses, documentary evidence or physical evidence of the other party, and the other party needs to answer the questions and make relevant excuses. The elements of cross-examination include the identity and qualification of witnesses, the authenticity and legality of evidence, etc.
3. Types and forms of cross-examination
Cross-examination can be divided into two forms: direct cross-examination and cross-examination. Direct cross-examination refers to questioning the evidence presented by oneself, while cross-examination refers to questioning the evidence presented by the other party. Cross-examination can be conducted by oral inquiry or written inquiry. Through cross-examination, all parties can evaluate and verify the evidence presented, which is helpful to reveal the truth and promote the fairness of the case.
4. The importance and function of cross-examination.
Cross-examination is an important link in the trial process, which can help the court obtain real evidence and information and help reveal the truth of the case. Through cross-examination, the judge can understand the actual situation of the case more comprehensively, so as to make a fair judgment.
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In the process of cross-examination, lawyers need to master cross-examination skills and legal rules skillfully. They need to choose appropriate cross-examination methods and questioning methods according to the nature and situation of evidence to ensure the effectiveness of cross-examination.
In the judicial systems of different countries and regions, cross-examination may be different. In some countries, cross-examination is restricted by strict legal procedures, and lawyers must abide by strict cross-examination rules and regulations. In other countries, cross-examination may be relatively flexible, and lawyers have more freedom to conduct cross-examination.
Cross-examination not only exists in criminal cases, but also applies to civil cases and administrative cases. No matter what kind of case, cross-examination is an important way to understand the facts and evidence of the case. In the process of cross-examination, the parties need to pay attention to respect the court, abide by legal procedures and respect the rights of the other party. Excessive questioning and invalid cross-examination may adversely affect the trial of the case and even harm the interests of the parties.