According to the provisions of China's criminal procedure law, questioning witnesses is a very important link in criminal trial, with the purpose of obtaining witnesses' statements and testimonies on the facts of the case. At present, China's specific procedures for questioning witnesses are as follows:
1. Call witnesses: procuratorial organs, defendants, defenders, plaintiffs, victims, civil litigants, etc. Have the right to provide information such as the name and address of the witness, and apply to the court to summon the witness to testify in court.
2. Read out the rights and obligations of witnesses: Before the trial begins, the court will read out the rights and obligations of witnesses, including the authenticity of testimony, no concealment of facts, no perjury, etc.
3. Questioning witnesses: The court will question the witnesses in turn, first by the parties or agents who present the witnesses, and then further by the court. When questioning, the witness shall truthfully answer the question and shall not refuse to answer or commit perjury.
4. Cross-examination: After the inquiry is completed, other parties or agents have the right to cross-examine the witness to further understand the facts of the case and the authenticity of the witness.
5. Debate and cross-examination: After the witness asks questions, the court will debate and cross-examine, and all parties can analyze, evaluate and question the witness's testimony.
6. Witness protection: If the witness has security threats or other special circumstances, the court may take measures to protect the personal safety and privacy of the witness.
It should be noted that the specific procedures for questioning witnesses may be different due to geographical factors, the nature of the case and other factors, and the above procedures are only a general overview. In practice, we should operate according to the specific provisions of relevant laws and regulations and judicial interpretation. At the same time, the court should ensure that the procedure of questioning witnesses is just and fair, and protect the legitimate rights and interests of witnesses.
At present, there are some differences between the legal provisions and the actual operation in the specific procedures of questioning witnesses in China. According to the procedural provisions, questioning witnesses should follow certain procedures and requirements, including informing witnesses, reading their rights and obligations, taking an oath, asking questions, etc. However, in practice, due to the differences in understanding and execution methods of judges, prosecutors and lawyers, the execution of specific procedures is not completely consistent. Some places may pay more attention to protecting the rights and interests of witnesses and provide more sufficient time and opportunities for interrogation; And some places may pay more attention to efficiency and simplify the query process. Therefore, it is necessary to further strengthen the interpretation and unification of the procedural provisions, so as to ensure that the procedures for questioning witnesses throughout the country are more unified and standardized.
Legal basis:
Provisions of the Supreme People's Court on evidence in civil proceedings. Cross-examination;
Article 75 After a witness testifies in court, he may apply to the people's court to pay the witness's fees for testifying in court. If the witness has real difficulties and needs to withdraw the fees for testifying in court in advance, the people's court may, upon the application of the witness, pay in advance before testifying in court.