Can a lawyer act as a witness?

Can lawyers be witnesses? The answer is no, the identity of agent ad litem and witness is in conflict, so an agent ad litem cannot be both an agent and a witness in a case, nor can a judge and juror be a witness. Here is a detailed introduction for everyone, hoping to help everyone.

1. Can a lawyer be a witness?

You can't.

Because a witness wants to testify in court, he must ensure that the facts he stated are not affected by other details of the case, that is, he stated what he saw.

The witness takes precedence over the agent. For example, if you are a lawyer and you are a witness in a case, you can only be a witness instead of a lawyer.

Second, what if the witness's testimony is false?

If a party tells a lie, it shall promptly explain the situation to the court and apologize. Otherwise, if the court verifies it, the parties will be punished according to law. According to the provisions of Article 111th of the Civil Procedure Law, the people's court may impose a fine or detain a litigant participant or any other person for any of the following acts according to the seriousness of the case; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Forging or destroying important evidence, which hinders the people's court from hearing a case;

(2) using violence, threats or bribes to prevent witnesses from testifying or instigating, bribing or coercing others to commit perjury;

(3) Hiding, transferring, selling off or destroying the property that has been sealed up or detained, or transferring the property that has been counted and ordered to be kept;

(4) Insulting, slandering, framing, beating or retaliating against judicial personnel, participants in litigation, witnesses, translators, expert witnesses, inspectors and assisting executors;

(5) Obstructing judicial personnel from performing their duties by violence, threat or other means;

(6) Refusing to perform a legally effective judgment or ruling of the people's court.

3. Can a witness refuse to testify?

1. Paragraph 3 of Article 33 of the Constitution of People's Republic of China (PRC) stipulates that "citizens shall enjoy the rights stipulated by the Constitution and laws, and at the same time they must fulfill their obligations stipulated by the Constitution and laws." Article 48 of China's Civil Procedure Law "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. "

In theory, citizens can give up their rights, but they must fulfill their obligations. That is to say, in theory, in our country, witnesses have no right to refuse to testify.

3, personal testimony in addition to criminal cases or according to legal reasons must testify, other in personal obligations, you can participate in or not. There is no obligation to testify in all cases. It seems that the public interest must be involved. It is mandatory when it is in the national interest.

The above is the legal knowledge about "Can an attorney be a witness?" Judges, jurors, clerks, appraisers, translators and prosecutors who participate in civil litigation may affect the fairness of the trial if they are witnesses in the case, and these people cannot be witnesses in the case.