In the trial practice, it has become an indisputable fact that the witness's attendance rate is low. Because witnesses do not appear in court, the key facts of some cases cannot be identified, which affects the pursuit of substantive justice and justice in judicial trials to some extent.
Extended data:
Relevant laws and regulations:
Criminal procedure law:
Article 61 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 62 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 63 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-fifth 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. No, citizens have the obligation to cooperate with the public security organs in investigating the facts of the case. Moreover, according to Article 62 of China's Criminal Procedure Law, anyone who knows the circumstances of the case has the obligation to testify. At the same time, it also stipulates that people's courts, people's procuratorates and public security organs have the right to collect and obtain evidence from relevant state organs, enterprises and institutions, people's organizations and citizens.
In the trial practice, it has become an indisputable fact that the witness's attendance rate is low. Because witnesses do not appear in court, the key facts of some cases cannot be identified, which affects the pursuit of substantive justice and justice in judicial trials to some extent.
Extended data:
Relevant laws and regulations:
Criminal procedure law:
Article 61 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 62 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 63 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-fifth 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.