(a) quickly rushed to the scene, make a timely inquiry record.
1. Interviewee: Passengers in the same car include co-pilot, owner, owner, relatives and friends; Rider; Villagers who witnessed the accident along the route; Drivers and passengers in the same car who saw the accident in front of them;
2. The shorter the questioning time, the clearer the witness, the deeper the feeling and the more accurate the expression;
3. Obtaining evidence in time is conducive to fixing evidence, finding out the truth of the accident, and preventing drivers from colluding with witnesses.
Speech terms:
Can I make an inquiry record about the XXXX accident for you?
What's your name? Where are you from? What's your ID number? What do you do? What position are you in? Where were you when it happened?
When, where, how and who first discovered it?
What should I do after it happens?
(two) a comprehensive understanding of the basic situation of witnesses.
A comprehensive understanding of the personality and professional characteristics of witnesses is conducive to our active and comprehensive interrogation of witnesses, which is the basis for us to grasp the initiative of interrogation.
1, starting with the dress of witnesses: generally, well-dressed and well-off witnesses have a sense of superiority and a reserved and arrogant attitude, which requires us to put facts and reason, and ask them to correct their mentality and testify truthfully; In addition, we can see from their clothes that they are rural, so we should use plain language to find the breakthrough point and communicate with them. For example, you can see from their clothes that they are social people, and their speech is characterized by sloppy, and many things don't think so. This requires us to ask them to have a correct attitude, talk less about the loyalty of their friends and testify truthfully.
2. Let's talk about the witness's educational level: generally, people with high educational level have strong thinking ability, logical reasoning ability and expressive ability, while those with low educational level have single expressive ability, monotonous thinking, strong logic and rude behavior, which requires us to adopt different inquiry methods for different people.
3. Starting from identity occupation: People in different industries form different psychological habits. For example, government officials consider more about the application of laws and regulations and the legitimacy of procedures; The teacher is more concerned with the details of the case; Manager and boss Kan Kan is most concerned about the cost of the accident.
(3) Make inquiry plans and strategies.
Only by making a good inquiry plan and determining the scope and direction of inquiry can we make inquiries step by step, improve the quality of inquiry and achieve the expected purpose.
1. It is necessary to clarify the location, relationship and knowledge of witnesses in the accident (including the location where witnesses witnessed the accident, the distance from the accident, whether there are obstacles, what activities they are engaged in, orientation and visibility).
2. Pay attention to the environment, time and place of inquiry, as well as whether the questioner is serious, kind and patient, whether he is good at using language skills, and whether he pays attention to address and language.
4. Generally, the way of free statement is adopted, so that witnesses can explain what they can confirm. According to whether the witness's statement is detailed, supplementary statements can be made, and the witness can also be required to concretize the statement; And asked him about the source of his testimony.
5. If conditions permit, you can show physical evidence, photos and other methods to help witnesses recall, forget or forget what happened;
(four) combined with the actual, clear the purpose of inquiry.
We asked the witnesses to confirm the real situation of the accident. By asking questions, we can understand some problems and help us fully understand some situations.
1. By knowing the witness's resume and family situation, we can judge whether the witness's testimony is reliable from the side, and we can make targeted inquiries to "prescribe the right medicine".
2, through the witness to understand the driver's driving experience and the length of driving time, we can know from the side whether the driver has the financial compensation ability and whether he can be punished according to his responsibility.
3. Through the witnesses, we can know whether the vehicle is insured and whether there was an accident before driving, and we can learn from the side that the driver's confidence, compensation ability and understanding of accident handling procedures in this case.
5. Knowing the opinions of the parties and the masses on the accident through witnesses will help us to fully understand the real situation of the case from multiple angles and levels and do a good job in investigation and evidence collection in time.
(5) The legal procedures should be complete.
After the inquiry, the record shall be handed over to the witness for verification. If the witness thinks the record is accurate, he should be asked to sign the verification opinion, and write "I have read (or read to me) the above record is consistent with what I said", and sign (or press the handprint), indicating the year, month and day. If a witness refuses to take fingerprints on the interrogation record, compulsory measures shall not be taken, but it shall be indicated in the record. In addition, with the enhancement of people's legal awareness, it is necessary to ask "whether the above contents need to be kept confidential".