The condition for a witness is that the witness cannot have an interest in the case. Persons with civil capacity and other persons with witness capacity. A person who narrates or confirms what he or she actually saw. People who are not interested in the case and are invited by judicial organs to observe and supervise the implementation of a certain litigation act as necessary and who can testify when necessary.

Legal Analysis

Witnesses are determined by the case itself and cannot be chosen arbitrarily. They only testify about the facts of the case itself; witnesses are produced and decided based on needs and can be chosen. At the same time, it only serves to prove the fact that you were invited to witness. In criminal proceedings, investigators inspect or inspect crime-related places, objects, persons and corpses, or search the defendant's persons, objects, and residence, or seize the defendant's objects and documents related to the case, or seal up and seize When the defendant takes possession of his property, he must invite people who are not interested in the case to serve as witnesses to observe and supervise the implementation of his relevant actions, and he must sign or seal the transcript produced on the spot. In civil execution, when the debtor's property is seized, detained or withdrawn, witnesses must also be invited to the scene. When the people's court serves summonses, notices and other litigation documents, if the recipient or receiver refuses to accept them, the server may invite witnesses to be present and certify the reasons for refusal on the service certificate. Once the witness signs and leaves the document, it is deemed to have been served. A witness is different from a witness. If a qualified person cannot serve as a witness due to objective reasons, the situation should be noted in the transcripts and the relevant activities should be documented. To sum up, the legal requirements for witnesses are often based on the attributes of interests. Simply put, they must not have an interest in the case.

Legal Basis

Article 1140 of the "People's Republic of China and Civil Code" The following persons cannot serve as witnesses of the will: (1) Persons without capacity for civil conduct , persons with limited capacity for civil conduct and other persons who do not have the ability to witness; (2) heirs and legatees; (3) persons who have an interest in the heirs and legatees.

"Criminal Procedure Law of the People's Republic of China"

Article 62 Anyone who knows the circumstances of the case has the obligation to testify.

Those who are physically or mentally deficient or who are young and unable to distinguish right from wrong or express themselves correctly cannot be witnesses.

Article 69 The guarantor must meet the following conditions:

(1) Not involved in the case;

(2) Have the ability to fulfill the guarantee obligations;

(3) Enjoy political rights and have no restrictions on personal freedom;

(4) Have a fixed residence and income.