Strictly speaking, if investigators fabricate witnesses, it means that there are no witnesses. In the worst case, the on-site investigation procedure will be illegal, resulting in illegal evidence and unacceptable on-site investigation records. However, in judicial practice, it is uncertain whether it will be recognized as illegal evidence because of the absence of witnesses. Because in our judicial practice, we don't think it will be the fruit of the poisonous tree, even if it is the fruit of the poisonous tree, we still think it is edible. As for what will be done to the investigators, I am afraid this can only be solved through disciplinary complaints, which may not have reached the level of forging evidence and abusing power.

What is the legal responsibility of the witness?

Legal responsibilities of witnesses:

1. During the execution, witnesses shall also be invited to be present when the debtor's property is sealed up, detained or withdrawn.

2. If the people's court refuses to serve subpoenas, notices and other litigation documents, the addressee or agent may invite witnesses to be present, and prove the reasons for the refusal on the service receipt, which shall be deemed as service.

The Supreme People's Court's interpretation of application.

Article 67 The following persons shall not testify in criminal proceedings:

(1) People who are physically or mentally deficient or young, do not have the corresponding discrimination ability or cannot express themselves correctly;

(two) people who have an interest in the case and may affect the fair handling of the case;

(3) Staff members of public security and judicial organs who exercise the functions and powers of criminal proceedings such as inquest, inspection, search and seizure, or personnel employed by them.

If it is impossible for a qualified person to be a witness due to objective reasons, it shall indicate the situation in the record materials and record relevant activities.

Investigation witness refers to the behavior that witnesses personally participate in investigation activities, observe the whole process of investigation activities as bystanders, and confirm the authenticity of investigation process and results in the form of signature in the investigation record.

For a long time, the mainstream view of theoretical and practical departments holds that investigation and evidence collection is a compulsory legal procedure in China's criminal proceedings; In some investigation activities, witnesses are indispensable participants; Signature and seal of witness is a necessary formal requirement for legal and effective investigation record.

Provisions on the investigation of witnesses are mainly found in the Criminal Procedure Law, the Criminal Procedure Rules of the People's Procuratorate (Trial) (hereinafter referred to as "Procedural Rules") and the Procedural Provisions of Public Security Organs for Handling Criminal Cases (hereinafter referred to as "Procedural Provisions"). There are four references to "witness" in Chapter II "Investigation" of the Criminal Procedure Law, which involve five kinds of investigation behaviors: inquest, inspection, search, seizure and detention.

They are: Article 13 1 "The inquest and inspection shall be written in a record, which shall be signed or sealed by the participants and witnesses"; Article 137 "When searching, the searched person or his family members, neighbors or other witnesses shall be present";

Article 138: "The search record shall be written, signed or sealed by the following persons ... or other witnesses. .."；

Article 14 1 "The seized and detained property and documents shall be checked with the witnesses present and the holders of the seized and detained property and documents, and a list shall be made in duplicate on the spot, which shall be signed or sealed by the investigators, witnesses and holders ...".

Based on the Criminal Procedure Law, the Procedural Provisions and Rules of Procedure stipulate that citizens unrelated to the case should be invited as witnesses when investigating the scene. * 1 At the same time, the List of Evidence Registration and Preservation was added to the Procedural Provisions, and the identification record was signed by the witness; *2 The Rules of Procedure stipulates in the Rules of Identification that "witnesses may be present when necessary."