1. Who is the witness in the Criminal Procedure Law?
1. Witnesses in the criminal procedure law include all those who know the facts of the case and give testimony to the judicial administrative organs. Relying on the testimony of witnesses to find out the facts of a case is attached importance to by laws at all times and in all countries, and it is also the most widely used form of evidence in various lawsuits.
2. China's Criminal Procedure Law stipulates that "anyone who knows the case has the obligation to testify.
3. A person who is physically or mentally defective or young, can't distinguish right from wrong and can't express it correctly, can't be a witness.
4, the witness should have the following conditions:
(1) Anyone who knows the case and has the ability to testify can be a witness.
(2) A person who is physically or mentally defective or young, can't distinguish right from wrong and can't express correctly can't be a witness.
(3) The witness can only be someone other than the party who knows the case.
(4) The witness is irreplaceable.
(5) The witness can only be a natural person.
5. Legal basis: Article 62 of the Criminal Procedure Law of People's Republic of China (PRC);
Article 61
Witness testimony must be cross-examined and verified by the public prosecutor, the victim, the defendant and the defender in court before it can be used as the basis for finalizing the case. If the court finds that a witness intentionally perjures or conceals criminal evidence, it shall deal with it according to law.
Second, the obligation to testify in the criminal procedure law.
1. First, giving criminal witnesses the privilege of refusing to testify is conducive to ensuring the authenticity of witnesses' testimony and changing the situation that witnesses are difficult to testify, appear in court and commit perjury. If the witness does not enjoy the privilege of refusing to testify in criminal proceedings, it is easy for the witness to fall into a dilemma between law and morality: choosing to testify risks losing family ties and violating professional ethics, while choosing not to testify violates the provisions of the law on the obligation to testify.
2. Second, giving criminal witnesses the privilege of refusing to testify is conducive to promoting equal confrontation between the prosecution and the defense and realizing judicial justice. In criminal proceedings, criminal suspects and defendants are naturally in a weak position. Even with the help of defense lawyers, the defense can't compete with the powerful national public prosecution agency like the prosecution.
3. Third, giving criminal witnesses the privilege of refusing to testify is conducive to maintaining family relations and the trust relationship between the two sides in specific professional activities. Forcibly requiring witnesses with specific relationships to testify can, to a certain extent, find out the truth of the case as soon as possible and improve the efficiency of handling cases, but the price paid is immeasurable.
4. Fourthly, giving criminal witnesses the privilege of refusing to testify conforms to the goal of building a harmonious society and is the common voice of law and the times. A harmonious society must be a society full of affection, emphasizing people-oriented and adjusting the relationship between relatives with affection. Forcing relatives of criminal suspects and defendants to testify will make relatives have no basic trust and trust, and relatives will be suspicious and wary of each other, which will certainly undermine family harmony and social harmony.
According to the relevant regulations, witnesses in the criminal procedure law include all those who know the facts of the case and provide testimony to the judicial administrative organs. Relying on the testimony of witnesses to find out the facts of a case is attached importance to by laws at all times and in all countries, and it is also the most widely used form of evidence in various lawsuits. China's criminal procedure law stipulates that "anyone who knows the case has the obligation to testify."