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The evidence in the trial of a case is divided into direct evidence and indirect evidence, and indirect evidence is subdivided into many types. There is a kind of evidence called witness testimony, which is formed by witness statements. So, is witness testimony direct evidence? Help you answer the relevant knowledge about witness testimony.
I. Testimony of witnesses
The way to collect witness testimony should follow the procedure of "questioning witnesses". The questioning of witnesses can be conducted in the unit or residence of the witness, and if necessary, the witness can be notified to provide testimony at the people's procuratorate or public security organ, but the documents of the people's procuratorate or public security organ must be produced. No other place shall be designated for questioning witnesses. The questioning of witnesses should be conducted separately.
Witness testimony has the following characteristics:
(1) is only the objective statement of the witness about the case, not speculation or analysis;
(2) Witnesses are people other than criminal suspects, defendants and victims, so they are more objective than the testimony of criminal suspects, defendants and victims;
(3) Witness testimony is a reflection of witness's perception or hearsay, so it may be influenced by witness's subjective factors and objective conditions;
(4) The source and proof of witness testimony are very extensive, and it is the most common evidence in criminal proceedings.
Second, the examination of witness testimony.
When a witness testifies in court, he must be cross-examined by the prosecutor, the victim, the defendant and the defender in court, and his testimony can be used as the basis for finalizing the case after examination; If the witness's testimony is read out in court and verified in court, it can be used as the basis for finalizing the case. During the court hearing, the party requesting to call a witness shall first ask the witness questions; After asking questions, with the permission of the presiding judge, the other party may also ask questions. Questioning witnesses should follow the following rules: the content of questioning should be related to the facts of the case; Don't ask questions in an induced way; Don't threaten witnesses; Do not harm the personal dignity of the witness. If the content of the question is irrelevant to the case or the way of asking the question is improper, the presiding judge shall stop it. Witness testimony obtained by extorting a confession by torture or threatening, luring or cheating shall not be used as evidence for accusing a crime or as a basis for finalizing a case.
Third, the relevant legal provisions of witness testimony.
In China, the range of witnesses in litigation is very extensive. Article 60 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates: "Anyone who knows the circumstances of a case has the obligation to testify. People who are physically and mentally defective or young, can't distinguish between right and wrong, and can't express correctly can't be witnesses. " Article 6 1 of People's Republic of China (PRC) Civil Procedure Law (for Trial Implementation) has similar provisions. According to the law of our country, it is the glorious duty of citizens to testify, and the law does not refuse to testify. When a witness testifies, he shall be informed of his legal responsibility for truthfully providing testimony and intentionally perjury or concealing criminal evidence. At the same time, the law protects the personal safety of witnesses. During the trial, the presiding judge shall preside over the questioning of witnesses. "Civil Procedure Law (Trial)" stipulates that if it is really difficult for a witness to appear in court, he may submit written testimony with the permission of the people's court.
Witnesses may make false statements, or their testimony may be inaccurate due to feelings, memories, expressions and other reasons, so witness testimony should be carefully examined. Article 37 of the Criminal Procedure Law stipulates: "The testimony of witnesses must be interrogated and cross-examined by the public prosecutor, the victim, the defendant and the defender in court, and the testimony of witnesses from all sides can be used as the basis for finalizing the case." The Civil Procedure Law (Trial) also stipulates that witness testimony "must be verified before it can be used as the basis for ascertaining facts".
Four, witness testimony is direct evidence or indirect evidence.
Witness testimony can be used as both direct evidence and indirect evidence. The division between direct evidence and indirect evidence depends on what your evidence can prove, not on what the carrier of the evidence is. Whether witness testimony is direct evidence or indirect evidence should be analyzed according to the actual situation of the case.
Witness testimony can be direct or indirect, depending on whether the testimony provided by the witness can directly judge the case. It should be noted that in China, witness testimony should be an objective statement of facts that is not guided, threatened or induced by anyone, and it is required to be submitted to the court in writing. The above is Bian Xiao's answer to "Is witness testimony direct evidence?" . For more relevant knowledge, please consult Xiangyang lawyer.
Extended reading:
Is the transcript direct evidence in civil litigation cases?
Do you need direct evidence to convict?
Without direct evidence, can indirect evidence be finalized?