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Finally, the evidence should be made public, unless the witness requests confidentiality.
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Legal Analysis: Yes, eyewitnesses after a traffic accident can be used as evidence. According to the relevant laws of the country, materials that can prove the case, such as physical evidence, documentary evidence, witness testimony, the criminal suspect's statement and defense, various materials and the victim's statement, can be used as evidence in a criminal case.
Legal basis: Article 50 of the Criminal Procedure Law of the People's Republic of China All materials that can be used to prove the facts of a case are evidence. Evidence includes:
1) Physical evidence; (2) documentary evidence; (3) Witness testimony; (4) The victim's statement; (5) Criminal suspects or defendants' confessions and defenses; (6) Appraisal opinions; (7) Records of inquests, inspections, identifications, investigative experiments, and so forth; (8) Audio-visual materials and electronic data. Evidence must be verified to be true before it can be used as the basis for a verdict.
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The main methods of finding eyewitnesses are: looking for onlookers at the scene; Seek from the people who lived, worked, and stayed near the site; Seek out people passing through the scene; Seek from the people who lived, worked, stayed on the route where the suspect came and went to the scene. It is also necessary for the traffic police to infiltrate the scene and collect relevant evidence, such as cameras.
[Legal basis].Article 210 of the Provisions on Procedures for the Handling of Criminal Cases by Public Security Organs.
Questioning of witnesses or victims may be conducted at the scene, or at the witness's or victim's unit, residence, or location proposed by the witness or victim. When necessary, witnesses and victims may be notified to come to the public security organs to provide testimony. Questioning of witnesses and victims should be conducted on an individual basis.
When questioning witnesses or victims at the scene, investigators shall present their work identification. When witnesses or victims are questioned at their units or residences, or at locations proposed by witnesses or victims, a written notice of questioning shall be drafted with the approval of the responsible person for the case-handling department.
Article 211.
Before questioning, the identities of witnesses and victims, and the relationship between witnesses, criminal suspects, and victims, shall be understood. During questioning, witnesses and victims shall be informed that they must truthfully provide evidence and testimony and that they should bear legal responsibility for intentionally giving false testimony or concealing criminal evidence. Investigators must not leak the facts of the case or express their views on the case to witnesses or victims, and it is strictly forbidden to use violence, threats, or other illegal methods to question witnesses or victims.
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Legal Analysis: It Depends on the Situation. The testimony of eyewitnesses is not required. The testimony should still be determined in conjunction with the facts of the case and the on-site investigation. If there is a big difference between the testimony and the actual investigation situation, it will certainly not be accepted.
Legal basis: Regulations on the Application and Use of Motor Vehicle Driving Licenses
Article 8 To drive a motor vehicle, a motor vehicle driver's license shall be obtained in accordance with law.
Article 9 The order of the models permitted by motor vehicle drivers is divided into: large buses, tractors, city buses, medium-sized buses, large trucks, small cars, small automatic vehicles, low-speed trucks, three-wheeled vehicles, small automatic passenger vehicles for the disabled, ordinary three-wheeled motorcycles, ordinary two-wheeled motorcycles, mopeds, wheeled self-propelled mechanical chains, trolleybuses and trams.
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Legal Analysis: It Depends on the Situation. The testimony of eyewitnesses is not required. The testimony should still be determined in conjunction with the facts of the case and the on-site investigation. If the testimony differs significantly from the actual investigation, it will certainly not be admissible.
Legal basis: Regulations on the Application and Use of Motor Vehicle Driving Licenses
Article 8 To drive a motor vehicle, a motor vehicle driver's license shall be obtained in accordance with law.
Article 9 The order of the models permitted to be driven by motor vehicle drivers is divided into: large buses, tractors, city buses, medium-sized buses, large cargo vehicles, small cars, small automatic vehicles, low-speed trucks, three-wheeled vehicles, small automatic vehicles for the disabled, ordinary three-wheeled motorcycles, ordinary two-wheeled motorcycles, mopeds, wheeled self-propelled mechanical vehicles, trolleybuses and trams.
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