What are the procedures for allegedly helping witnesses testify in court?
1, apply for witnesses to testify in court;
2. Inform the witness to testify in court;
3, find out the identity of the witness in court;
4. The court shall explain the rights and obligations to the witness;
5. The witness promises to testify truthfully;
6, the witness statement to testify;
7. Cross-examination;
8. Supplementary questions of the court;
9. The witness withdrew from the court.
How to fight for not prosecuting the crime of trust?
1. If a person suspected of helping others believe in a crime wants to fight for not being prosecuted, he can submit a legal opinion not to be prosecuted to the procuratorate on his own initiative, communicate with the procuratorate on his own initiative, submit a professional legal opinion, and submit relevant materials to the procuratorate to prove that he is satisfied with not being prosecuted.
2. Under normal circumstances, the following situations will not be prosecuted:
(1) If the circumstances of the crime are obvious and slightly harmless, and it is not considered a crime, public prosecution may not be initiated.
(2) If the crime of helping information network criminal activities has passed the limitation of prosecution, it may not be prosecuted.
(3) After the second supplementary investigation by the procuratorate, the evidence is still insufficient and does not meet the conditions for prosecution.
3. The crime of helping the letter refers to the crime of helping the information network criminal activities. First, it is necessary to judge whether the behavior constitutes a crime of helping information network criminal activities, that is, objectively whether there is any behavior of helping crimes, and subjectively whether it is knowing that it is help and providing it with help. In addition, objectively, criminal responsibility should be borne only if the circumstances are serious. For this crime, it may be sentenced to fixed-term imprisonment of not more than three years or criminal detention and fined.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 287th of the Criminal Law of People's Republic of China (PRC)
Knowing that others use information networks to commit crimes, providing technical support such as Internet access, server hosting, network storage, communication transmission, etc. for them to commit crimes; Or provide assistance for advertising, payment and settlement, if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.