Of course, it is still necessary from the perspective of legal provisions, but from the perspective of judicial practice, witnesses generally do not appear in court.
1. If the witness does not appear in court, questioning the witness will be impossible;
2. The legal basis for the witness to appear in court to testify is:
1. Regarding witnesses appearing in court to testify, the Criminal Procedure Law stipulates:
Witness testimony must be cross-examined and questioned by the prosecutor, the victim, the defendant, and the defender in court, and only after the witness testimony is heard and verified to be true can the case be finalized. according to. If the court finds that a witness intentionally gave false testimony or concealed criminal facts, it shall handle it in accordance with the law.
2. The Supreme People's Court's provisions on the implementation of Article 58 of the "Interpretation of the Criminal Procedure Law of the People's Republic of China":
Evidence must be presented, identified, and interrogated in court It will not be used as the basis for finalizing the case unless it is verified to be true during the court investigation process. For witnesses who testify in court, only if their testimony is verified to be true after questioning and cross-examination by the prosecutor, the victim, the defendant, and the defender in court; the testimony of a witness who has not read out his testimony in court can be used as the basis for finalizing the case. according to. If it is verified by the court that a witness intentionally gave false testimony or concealed evidence, he shall be dealt with according to law.
3. Article 141 of the "Interpretation" stipulates:
Witnesses shall appear in court to testify. If one of the following circumstances is met, with the permission of the People's Court, the witness may not appear in court to testify:
(1) A minor;
(2) During the trial, the witness is seriously ill. Illness or extremely inconvenient to testify;
(3) His testimony has no direct decisive effect on the trial of the case;
(4) There are other reasons.
According to law: If witnesses should appear in court to testify, judicial organs must abide by it and must not violate it.