1. What is the procedure for applying for witnesses to testify in court in criminal cases?
1. If a witness is requested to testify in court, the defendant or defender may apply to the people's court and submit an application to the court.
2. If the people's court considers that a witness needs to testify in court, it may notify the witness to testify in court, and the witness needs to testify in court.
Article 43 of the Criminal Procedure Law.
With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to the case from them, apply to the people's procuratorate or the people's court to collect and obtain evidence, or apply to the people's court to notify witnesses to testify in court.
With the permission of the people's procuratorate or the people's court, and with the consent of the victim or his close relatives or witnesses provided by the victim, the defense lawyer may collect materials related to the case from them.
After being notified by the people's court, if a witness fails to testify in court without justifiable reasons, the people's court may compel him to appear in court, except the defendant's spouse, parents and children.
If a witness refuses to appear in court without justifiable reasons or refuses to testify after appearing in court, he shall be admonished. If the circumstances are serious, with the approval of the dean, he shall be detained for less than ten days. If the punished person refuses to accept the detention decision, he may apply to the people's court at the next higher level for reconsideration. Execution shall not be suspended during reconsideration.
During the court hearing, the parties, defenders and agents ad litem have the right to apply for notifying new witnesses to appear in court, for obtaining new material evidence and for re-appraisal or inspection.
Public prosecutors, parties, defenders and agents ad litem may apply to the court to notify people with specialized knowledge to appear in court and express their opinions on expert opinions.
The court shall make a decision on whether to approve the above application.
Second, how to authenticate the witness testimony of the case?
1. Pay attention to whether the source of witness testimony is legal.
Whether the source of witness testimony is legal, that is, the examination of evidence ability, to see whether it has the qualification to accept the letter. We should emphasize the principle of voluntariness, and see whether witnesses testify voluntarily or not, and whether public security personnel obtain evidence by means of extorting confessions by torture, inducing confessions, cheating and so on. Testimony obtained by involuntary means is illegal verbal evidence and should be excluded. This is determined by the characteristics of changeable verbal evidence and easy to be influenced by the way of obtaining evidence.
2. Pay attention to the examination of witnesses, defendants or case results.
The testimony made by witnesses and people who have an interest in the defendant or the outcome of the case is related to the defendant's guilt, innocence, light or heavy crime, and the probative force is limited, so it cannot be used as evidence alone. It must be supported by other evidence.
3. When testifying, consider whether the witness is adversely affected by the outside world.
It is necessary to consider whether the witness is threatened, lured, etc. , the witness's character is good, there is no bad record, etc. To judge the authenticity of testimony, these factors should be considered comprehensively.
4. Pay attention to the reasonable contradiction between verbal evidence.
Therefore, if a criminal case requires a witness to testify in court, the defendant or his defense lawyer must first apply to the court to testify in court. After examination, the court felt that it was necessary for witnesses to testify in court before notifying them to testify in court. In some cases, witnesses must testify in court. If you don't appear in court without reasonable reasons, you may be forced to testify in court.