First of all, witness testimony is one of the statutory forms of evidence, and the defense lawyer must first respond to witness testimony on the basis of facts and the law. At the same time, Li Cong, a lawyer in Zhengzhou, Henan Province, believes that witness testimony is verbal evidence and is susceptible to the subjective factors of witnesses. Therefore, its authenticity needs to be analyzed in specific cases! If you have relatives or friends who are detained in Zhengzhou Detention Center on suspicion of criminal offenses, please follow and send private messages to the author for more legal services. Zhengzhou No. 3 Detention Center, Zhengzhou Criminal Defense Lawyer, Criminal Lawyer, Criminal Defense.
Whether the procedure for collecting witness testimony is the first issue that lawyers should pay attention to in criminal litigation. Combined with the interpretation of the Criminal Procedure Law, witness testimony must not be used as the basis of a verdict in any of the following circumstances: (1) the questioning of witnesses is not conducted individually; (2) The written testimony has not been verified and confirmed by witnesses; (3) When questioning a deaf or mute person, a person who should have been familiar with the gestures of the deaf or mute should be provided but did not provide it;
4) When questioning witnesses who are not proficient in the common local language or script, interpreters should be provided but are not provided. However, the testimony of witnesses obtained in violation of legal procedures is not natural and cannot be used as evidence, and may continue to be used as evidence in the following circumstances. Where the procedures and methods for collecting witness testimony have the following flaws, they may be used upon supplementation or correction; Where it cannot be supplemented or a reasonable explanation can be made, it must not be the basis of the verdict: (1) The interrogation record does not fill in the name of the person questioning, the person making the record, or the legally-designated person, as well as the time and place of the questioning; (2) The location of the inquiry does not comply with provisions; (3) The interrogation record does not record and inform witnesses of their rights, obligations, and legal responsibilities regarding testifying; (4) The interrogation record reflects that the same interrogator questioned different witnesses during the same time period.
Therefore, the testimony obtained through the legal process by a person who has the capacity to testify can be used as evidence. According to the provisions of the Criminal Procedure Law, witness testimony can only be used as the basis for a verdict after it has been cross-examined and verified by the prosecutor, the victim, the defendant and the defender in court. Li Cong, a lawyer in Zhengzhou, Henan Province, summarized the following common contents that can affect the effectiveness of witness testimony based on criminal defense experience: (1) whether the content of the testimony is directly perceived by the witness; (2) Whether the witness's age, cognition, memory, and expression ability, or physical and mental state at the time of testimony affect the testimony; (3) Whether the witness has an interest in the parties to the case or the outcome of the case; (4) Whether the questioning of witnesses is conducted individually; (5) Whether the drafting or revision of the interrogation record complied with laws and relevant provisions, whether the start and end time and place of the questioning were indicated, whether the witnesses were informed of their rights, obligations, and legal responsibilities for testifying during the first questioning, and whether the witnesses checked and confirmed the interrogation record; (6) When questioning juvenile witnesses, whether they have notified their legally-designated persons or relevant persons to appear, and whether their legally-designated persons or relevant persons have appeared; (7) Whether the witnesses' testimony was collected by violence, threats, or other illegal methods; (8) Whether the testimony can corroborate each other and with other evidence, and whether there are any contradictions.
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