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1. Article 48 of China's Criminal Procedure Law stipulates: "A person who is physically or mentally defective or young and cannot distinguish between right and wrong and cannot express himself correctly cannot be a witness."
The so-called "physical defect" refers to a physical defect that affects the ability of a witness to testify, such as a blind person cannot become an eyewitness, etc.; "Mentally deficient" generally refers to mentally ill patients, including dementia patients and intermittent psychopaths; "Young person" generally refers to a child under the age of 14.
2. Article 72 of the Civil Procedure Law stipulates that all units and individuals who know the circumstances of the case have the obligation to appear in court to testify. A person who cannot express his meaning correctly cannot testify.
Because the testimony given by the witness to the court is a true reaction to the objective reality, the witness cannot subjectively process the content of this objective reality. In order to exclude subjective factors to the greatest extent possible, and at the same time to expand the scope of the witness's subject, it is sufficient to be able to express the meaning correctly so that the recipient can understand what he is trying to say.
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Generally, they have a good relationship with each other, such as friends and relatives, and this kind of relationship is not very good to testify, because of the intimate relationship between them. It will make others mistakenly think that it is not fair.
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Anyone who knows the circumstances of the case can be a witness, and the credibility of the testimony will be reduced because of the stake.
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Immediate family members or spousal relationships cannot be used as witnesses. Because it is likely to be covered.
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Persons of direct blood should not be able to serve as witnesses. Because blood is thicker than water. As for the rest, I don't know much about it.
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Of course, people who are related to me are not allowed to be witnesses, which is also the way to avoid suspicion, or the same industry and the same unit.
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People with relationships can't be witnesses, and people with relatives or friends can't be witnesses.
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Relatives can't testify, everyone else can.
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A person who cannot express his will correctly cannot be a witness; Adjudicators, jurors, clerks, evaluators, translators, and prosecutors involved in civil proceedings may not be witnesses in cases in which they are involved.
Legal basis] Article 62 of the Criminal Procedure Law stipulates that anyone who knows the circumstances of the case has the obligation to testify.
Persons who are physically or mentally handicapped or who are too young to distinguish between right and wrong and who cannot express themselves correctly cannot be witnesses.
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Legal basis: Article 29 of the Criminal Procedure Law of the People's Republic of China: In any of the following circumstances, adjudicators, procurators, or investigators shall recuse themselves, and the parties and their legally-designated persons also have the right to request their recusal: (1) They are a party to the case or a close relative of a party; (2) The person or his close relatives have an interest in the case of the quarrel; (3) Served as a witness, evaluator, defender, or litigator in the case; (4) They have other relationships with the parties to the case that might impact the fair handling of the case.
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Legal analysis: Persons who are physically or mentally defective or young and unable to distinguish between right and wrong and cannot express themselves correctly cannot be witnesses. Co-defendants in joint criminal cases cannot be witnesses to each other.
Investigative, procuratorial, and adjudicatorial personnel cannot be witnesses in cases they undertake. The defender of the criminal defendant and the person in the civil case cannot be a witness in the case.
Legal basis: Article 62 of the Criminal Procedure Law All persons who know the circumstances of the case have the obligation to testify.
Persons who are physically or mentally handicapped or who are too young to distinguish between right and wrong, or who are unable to express themselves correctly, cannot be witnesses.
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