In the process of hearing a criminal case, the court needs to analyze the case with various evidences and finally make a judgment. Criminal evidence includes physical evidence, documentary evidence and witness testimony, each of which has different functions. Witness testimony can be said to be the most important kind of evidence, which will be involved in almost all criminal cases. So what are the provisions of the Criminal Procedure Law on witness testimony? Let's take a look at this article by Bian Xiao.
1. What are the provisions of the Criminal Procedure Law on witness testimony?
Provisions of Criminal Procedure Law on Witness's Testimony
Article 59 The testimony of a witness must be cross-examined and verified by the public prosecutor, the victim, the defendant and the defender in court before it can be used as the basis for finalizing the case. If the court finds that a witness intentionally perjures or conceals criminal evidence, it shall deal with it according to law.
Article 60 Anyone who knows the circumstances of a case has the obligation to testify.
A person who is physically and mentally defective or young, can't distinguish right from wrong and can't express correctly, can't be a witness.
Article 61 People's courts, people's procuratorates and public security organs shall ensure the safety of witnesses and their near relatives.
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.
Sixty-second cases of crimes endangering national security, terrorist activities, organized crimes of underworld nature, drug crimes, etc. The people's court, people's procuratorate and public security organ shall take one or more of the following protective measures if the personal safety of witnesses, expert witnesses, victims or their close relatives is threatened because they testify in litigation:
1, not revealing personal information such as real name, address and work unit;
2. Take measures such as not exposing appearance and real voice to testify in court;
3. Prohibit specific personnel from contacting witnesses, expert witnesses, victims and their close relatives;
4. Take special protection measures for the person and residence;
5. Other necessary protective measures.
Witnesses, expert witnesses and victims who think that they or their close relatives are threatened by their personal safety because of testifying in court may request protection from the people's courts, people's procuratorates and public security organs.
People's courts, people's procuratorates and public security organs shall take protective measures according to law, and relevant units and individuals shall cooperate.
Sixty-third witnesses shall be subsidized for transportation, accommodation, meals and other expenses incurred in fulfilling their obligation to testify. The subsidy for witness testimony is included in the operating funds of judicial organs and guaranteed by the government finance at the same level.
If a witness from the work unit testifies, the work unit shall not deduct his salary, bonus and other welfare benefits in disguise.
Second, what are the characteristics of witnesses?
Witnesses have the following characteristics:
1. The witness must be someone who knows the case. This is the most basic feature of a witness.
2. The witness must be someone who knows the case outside the lawsuit. Investigators, prosecutors, judges, defenders, agents ad litem, and appraisers involved in handling cases also learned about the case in the course of litigation, but their knowledge of the case was formed in the course of litigation after the start of litigation, so they are not witnesses. If these people know something about the case before the start of the lawsuit, they should give priority to witnesses and generally should not participate in the handling of the case.
3. The witness must be someone other than the party concerned. Although the defendant, the victim, etc. Usually knowing the case, they can only be parties, not witnesses, because they have a vital interest in the judgment of the case.
To sum up, according to the provisions of the Criminal Procedure Law on witness testimony, witnesses and citizens who know the case have the obligation to testify in court when a criminal case occurs. Public security organs and procuratorates take many measures to protect witnesses. If a citizen refuses to appear in court, the judicial organ will admonish him, and if the circumstances are serious, he will be given administrative punishment, including detention.
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