1. During the investigation of criminal cases, there is no unified understanding of whether there is a time limit for interrogating witnesses. Some believe that Paragraph 2 of Article 92 of the Criminal Procedure Law stipulates that "the maximum time for summons, summons, and detention during interrogation of a criminal suspect shall not exceed twelve hours."
2. Criminal suspects shall not be detained in disguised form in the form of continuous summons, custodial summons, etc." Then, the questioning of witnesses should be conducted in accordance with this provision. Some people believe that the "Criminal Procedure Law" does not clearly provide for Article The provisions of Article 92 apply to the questioning of witnesses, so the time for questioning witnesses should not be limited to "no more than twelve hours"
3. What is your understanding of Jiangyong County, Hunan Province? Comrade Jiang Yong from the People's Procuratorate: Witnesses are participants in criminal proceedings, and testifying is their right and obligation under the law. Criminal suspects are parties who may be prosecuted in criminal proceedings, and the status of witnesses in criminal proceedings is completely different. Different. According to the provisions of the Criminal Procedure Law, investigators can take coercive measures of detention when interrogating criminal suspects.
4. Not only cannot coercive measures be used when interrogating witnesses, on the contrary, the Criminal Procedure Law also requires the use of coercive measures. It clearly requires: "The people's courts, people's procuratorates and public security organs shall ensure the safety of witnesses and their close relatives" (Article 49, paragraph 1, of the Criminal Procedure Law), and "all persons related to the case or who know the circumstances of the case must be protected The safety of citizens must be guaranteed, and the safety of all witnesses and their close relatives related to the case must be guaranteed. Citizens who are related to the case or understand the circumstances of the case, except under special circumstances, may be recruited to assist in the investigation if they are able to provide objective and sufficient evidence" (Article 43 of the Criminal Procedure Law).
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Interrogating witnesses is an activity in which investigators conduct verbal investigations into witnesses’ case-related situations in accordance with legal procedures. Our country’s Criminal Procedure Law stipulates the location, method, and procedure of interrogating witnesses, as well as the transcripts of interrogating witnesses. There are regulations, but there are no clear regulations on the time for questioning witnesses, and the legal regulations are not strict.
1. The personal rights of witnesses are not protected when the public security and procuratorial organs investigate and collect evidence. In line with the requirements of investigators, investigators will repeatedly question witnesses and will not allow witnesses to leave the questioning location, especially in
public security and procuratorial offices, which are isolated from the outside world and witnesses may not be free for a long time, especially The stigmatized witnesses and those involved in serious cases are not allowed to go home after being interrogated for several days or more than ten days. The personal rights of the witnesses are seriously affected and the personal rights of the witnesses are seriously violated. There is no maximum period for questioning witnesses, and personal rights cannot be protected, which is contrary to the spirit of criminal legislation.
2. The personal rights of witnesses and criminal suspects are unequal. Criminal Procedure Law 9. Article 12 stipulates that "the summons and summons of criminal suspects shall not exceed 12 hours, and criminal suspects shall not be summoned or summoned continuously in the form of disguised summons." There is no limit on the time for questioning witnesses, according to the "Procedures for Handling Criminal Cases by Public Security Organs." Neither the "Provisions" nor the "People's Procuratorate's Criminal Procedure Rules" stipulate the time for questioning witnesses.
3. Article 6 of the "Criminal Procedure Law" stipulates that all citizens are equal in the application of the law. Allowing privileges is a basic principle of the criminal procedure law, and it is also the embodiment of the constitutional principle of equality before the law that "citizens are equal before the law" in the criminal procedure law. It goes without saying that witnesses should be questioned in the most appropriate manner. Long time limit.
4. Witnesses are prone to perjury. Investigation is an important stage of criminal proceedings. Witness testimony is important evidence in determining the guilt of a criminal suspect. It is important to attach importance to evidence and not to believe confessions easily. Principle.
5. The law does not stipulate a time limit for questioning witnesses. Investigators are not satisfied with the witness's affairs and repeatedly question the witness for a long time, causing the witness to be isolated from the outside world and causing great physical and mental pressure on the witness. , it is easy for witnesses to become resistant to the law and the investigative agencies, so that they may disregard the facts and the law and give false testimony that satisfies the investigators.
6. Investigators are prone to abuse their powers.
It is the duty of the investigative agency to collect evidence and interrogate witnesses. However, the law for interrogating witnesses does not stipulate the time limit for interrogation. In the absence of express stipulations in the law, under the control of the idea of ??non-existence, investigators can interrogate and interrogate witnesses for a long time. The length of the interrogation time is determined by the investigators. In order to achieve the purpose of the interrogation, the witness will not be allowed to go home. The witness will not be able to rest for a long time and will be mentally tortured. This may lead to disguised criminal detention. Even the police are not allowed to Witnesses take home.
Baidu Encyclopedia - Questioning Witnesses