In practice, no matter who asks the witness, we should pay attention to the method at this time. If the means of obtaining witness testimony is illegal, it may lead to the inadmissibility of evidence that is difficult to collect. What are the specific methods of questioning witnesses? And what you need to pay attention to in the inquiry process, the following small series will give you a detailed answer.
1. What are the methods of questioning witnesses?
Investigators can go to the witness's unit or residence to question the witness, but they must produce the certificates of the public security organ or the people's procuratorate. When necessary, witnesses may also be notified to testify in public security organs or people's procuratorates. Investigators shall not designate other places when questioning witnesses. The choice of the place where investigators ask witnesses should be considered from the aspects of facilitating obtaining testimony and ensuring the enthusiasm of witnesses to testify. The questioning of witnesses should be conducted separately. This will help to avoid the mutual influence between witnesses and ensure the authenticity of testimony.
In order to ensure that witnesses provide evidence truthfully, when questioning witnesses, they should be informed of their legal responsibilities of providing evidence and testimony truthfully, intentionally perjury or concealing criminal evidence. Threatening, insulting, beating or retaliating against witnesses and their close relatives, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it is not serious enough for criminal punishment, it shall be given administrative punishment for public security according to law.
Second, what questions should be paid attention to when asking witnesses?
1. When questioning witnesses under the age of 18, you can notify their legal representatives to be present. You can also choose places that minors are familiar with and used to. This is conducive to protecting the rights and interests of minors, reducing their ideological concerns, eliminating psychological pressure and achieving the purpose of inquiry. When questioning deaf-mute witnesses, there should be someone who knows deaf-mute gestures as an interpreter, and this situation should be recorded in the record. Ask people and foreigners who are not familiar with the local language and writing and hire translators for them.
2. When questioning a witness, the witness shall generally be required to give a continuous and detailed description of what he knows, and ask the source of the described facts. Then, according to the facts and relevant circumstances that should be ascertained in the case, ask the witness questions and let the witness answer. Questioning witnesses must ensure that they have the conditions to provide testimony objectively and comprehensively.
3, the witness's narrative, should make a record, to the witness to check or read to him. If there are omissions or errors in the record, the witness can supplement or correct them.
It mainly involves the location and guidance of the query. At the same time, when interrogating witnesses, they should be informed of their legal responsibilities of truthfully providing evidence and testimony, intentionally perjury or concealing criminal evidence. If you question witnesses under 18, you can notify their legal representatives to be present. If you want to know more about this knowledge, you can consult lawyers in this field through the legal consultation platform, and our professional lawyers will help you solve related problems and safeguard your legitimate rights and interests.