Article 48 of China's Criminal Procedure Law stipulates that anyone who knows the circumstances of a case has the obligation to testify. People who are physically and mentally defective or young and unable to distinguish right from wrong or express correctly cannot testify. Therefore, the witness should be an individual citizen who knows the case, can distinguish right from wrong and correctly express it except the party concerned, and the unit cannot be a witness. In view of the fact that the witness's identity is determined by his perception of the case and the corresponding proof relationship between the cases objectively, it is irreplaceable and cannot be replaced by the case handlers at will; The witness himself shall not testify only in his personal opinion or refuse to testify; Witnesses must personally state or write their testimony, and generally cannot entrust others to act as agents except the case-handling personnel who make transcripts. This "irreplaceable witness" feature also determines the priority of witnesses, that is, when the identity of witnesses in litigation is formed, they will not be able to serve as investigators, prosecutors, judges, appraisers and translators in litigation. A witness refers to a person who, according to the provisions of the Criminal Procedure Law, witnesses certain legal acts in the course of litigation at the request of the case-handling personnel. For example, the person who proves the legality of the inquest, inspection, search and seizure of physical evidence and documentary evidence in legal proceedings is not a witness, because these acts of proof are not directed at the facts of the case. Witness testimony has the following characteristics: (1) It is only the witness's perception of the relevant situation of the case, not personal speculation or analysis and judgment. (2) It is a reflection of the witness's perception or hearsay, so it is bound to be influenced by the subjective and objective conditions of the witness. Even a well-intentioned witness may give untrue or untrue testimony. Because the witness is a third person other than the party concerned, it has no direct interest in the case and the outcome of the case. Therefore, generally speaking, witness testimony is more objective, more true and more reliable than the confession, excuse or statement of the victim of a criminal suspect or defendant. When a witness tells what others know about the case, he must state the source. (3) The source and scope of witness testimony are very extensive, so it is the most common evidence in criminal proceedings. The important role of witness testimony in litigation is as follows: (1) helping case handlers to find and collect other evidence; (2) used to identify the authenticity of other evidence; (three) as the basis for determining the facts of the case or even the main facts; (4) Exposing the promises of criminal suspects and defendants or the false statements of victims; (5) As a legal weapon for citizens to fight crime, testifying can confirm criminal acts and criminals, which is conducive to the smooth progress of litigation. In the current judicial practice, there is a widespread problem that witnesses are unwilling to testify, especially in court. Therefore, when amending the Criminal Procedure Law, a special article was added, that is, Article 49: People's courts, people's procuratorates and public security organs shall ensure the safety of witnesses and their close 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. The way to collect witness testimony is to ask the witness. The collection of witness testimony must be carried out in accordance with legal procedures, and it is necessary to ensure that all citizens who are related to the case or know the situation of the case have the conditions to provide evidence objectively and fully to ensure the authenticity of the testimony provided by witnesses. When questioning a witness, you should first tell him that he must testify truthfully, and he will bear legal responsibility if he intentionally perjures or conceals criminal evidence. The questioning of witnesses should be conducted separately and orally. It is strictly forbidden to use illegal means such as detention, torture, threats, inducements and deception. Collect witness testimony, and the case-handling personnel shall not introduce the case in detail before advising the witness how to provide testimony. When inquiring, the contents of the testimony shall be recorded objectively and comprehensively, and the subjective imagination and personal understanding of the case-handling personnel shall not be added; The contradiction in the testimony should be explained by the witness himself. The above is the relevant provisions of the law on witness testimony, I hope it will help you.
Legal objectivity:
Criminal procedure law
Article 192
The public prosecutor, the parties, the defenders and the agents ad litem have objections to the witness testimony, which has great influence on the conviction and sentencing of the case. If the people's court considers it necessary for the witness to testify in court, the witness shall testify in court.
Criminal procedure law
Article 47
The witness testimony must be cross-examined by the prosecutor, the victim, the defendant and the defender in court, and the witness testimony of all parties can be used as the basis for finalizing the case.
Criminal procedure law
Article 207
The witness testimony part of the court record shall be read out in court or handed over to the witness for reading. After the witness admits that it is correct, he shall sign or seal it.