Criminal Case Witness Appearance Process

The process for witnesses in criminal cases to appear in court is as follows:

1. Notify the witness, inform the witness of the time and place of appearance, and inform the case situation;

2. Apply for a witness Application form to appear in court to testify;

3. Notify the witness and tell the witness that he or she should tell the true situation;

4. The witness fills in the letter of guarantee to appear in court to testify;

The rules that should be followed when questioning witnesses are as follows:

1. The content of the questions should be related to the facts of the case;

2. Questions must not be asked in a inducing manner;< /p>

3. Do not threaten witnesses;

4. Do not harm the personal dignity of witnesses.

The legal consequences of failing to appear in court when required are as follows:

1. After being notified by the People’s Court, if a witness fails to appear in court to testify without justifiable reasons, the People’s Court may force him to appear in court, but the defendant Except for the person's spouse, parents, and children;

2. If a witness refuses to appear in court without justifiable reasons or refuses to testify after appearing in court, he will be reprimanded. If the case is serious, he will be detained for not more than ten days with the approval of the president.

To sum up, testifying in court is a clear provision of the law in contemporary China. Under normal circumstances, witnesses in criminal cases must comply with the provisions of the law. Come to the court hearing. In the process of litigation, witnesses are very important. The testimony of witnesses is often an important basis for ascertaining the facts of the case, and it is also a widely used form of evidence. Witnesses appearing in court to testify is a direct and effective form of reviewing and judging the authenticity of the witness's testimony. Which party has objections to the witness's testimony, which party applies for the witness to appear in court to testify.

Legal basis:

Article 124 of the Criminal Procedure Law of the People's Republic of China

The place, method and method of questioning witnesses Investigators are required to interrogate witnesses, either on site or at the witness's unit, residence, or at a location proposed by the witness. When necessary, the witness may be notified to provide testimony at the People's Procuratorate or the public security organ. When questioning a witness at the scene, one must present his or her work ID. When questioning a witness at the witness's unit, residence, or the location proposed by the witness, one must present certification documents from the People's Procuratorate or the public security organ.

Individual questioning principle: Witnesses should be questioned individually.

Article 192

If the public prosecutor, parties or defenders or agents ad litem who appear in court to testify have objections to the witness’s testimony, and the witness’s testimony has a significant impact on the conviction and sentencing of the case, If the People's Court deems it necessary for a witness to appear in court to testify, the witness shall appear in court to testify.

The provisions of the preceding paragraph shall apply when the people's police appear in court as witnesses to testify about crimes they witnessed while performing their duties.

If the public prosecutor, parties or defenders or agents ad litem have objections to the appraisal opinion, the people's court believes that the appraisal expert has done so