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Anonymous users2024-02-07According to the provisions of China's "Civil Procedure Law", all units or individuals who know the circumstances of the case have the obligation to appear in court to testify. However, in real life, due to the particularity of the case or the witness's own reasons, many witnesses do not want to easily stand up for the parties even if they know their obligations. So, if a witness is asked to testify, must he testify in court?
According to the provisions of the Civil Procedure Law, if a witness receives a notice from a people's court, he or she must in principle appear in court to testify. However, there are also some circumstances in which witnesses may, with the permission of the people's court, testify by means of written testimony, audio-visual transmission technology, or audio-visual materials.
The specific situation is as follows:
1.Those who are unable to appear in court due to health reasons.
If the witness has health reasons, even if it is a legal obligation to testify, the court will not be too demanding, and will consider the witness's health reasons.
2.Those who are unable to appear in court due to the distance and inconvenience of transportation.
The long distance will not only cause trouble to the witnesses, but also be a big trouble for the court and the parties, after all, it is inconvenient to present evidence and it is difficult to coordinate the time problem. Therefore, if the court finds that the witness has such a situation, it will consider allowing the witness to testify through ** and other means.
3.Those who are unable to appear in court due to force majeure such as natural disasters.
4.Others who are unable to appear in court for legitimate reasons.
Therefore, in court proceedings, it is the principle for witnesses to appear in court to testify, and non-appearance is the exception.
Special Notes:1Where parties apply for witnesses to appear in court to testify, they shall do so before the time limit for presenting evidence is completed.
2.Witnesses must not appear in court to testify without notice from the people's court, except where both parties agree and the people's court permits.
3.Necessary expenses such as transportation, lodging, and meals incurred by witnesses as a result of their obligation to appear in court to testify are to be calculated in accordance with the travel expenses and subsidy standards for the staff of government organs and public institutions; Labor losses are calculated according to the national average daily wage standard for employees in the previous year.
4.Where a people's court permits an application for a witness to appear in court to testify, it shall notify the applicant to prepay the witness's fee for appearing in court to testify.
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Anonymous users2024-02-06In any of the following circumstances, with the permission of the people's court, testimony may be made by not appearing in court: (1) those who are unable to appear in court due to health reasons; (2) They are unable to appear in court due to long distances and inconvenient transportation; (3) They are unable to appear in court due to force majeure such as natural disasters; (4) Other cases where there is a legitimate reason for not being able to appear in court.
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Anonymous users2024-02-05In order to ensure that witnesses testify truthfully, witnesses have the obligation to testify in court and cannot evade it.
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Anonymous users2024-02-04The Criminal Procedure Law, as amended in 2012, stipulates the obligation of witnesses in criminal cases to appear in court to testify, and if a witness refuses to appear in court without a legitimate reason or refuses to testify after appearing in court, he may be reprimanded, and if the circumstances are serious, he may be detained for up to 10 days with the approval of the court president. However, the Act exempts close relatives from the obligation to appear in court (it should be emphasized that the Act does not exempt close relatives from the obligation to testify, but only from the obligation to appear in court). Personal opinion, for informational purposes only.
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Anonymous users2024-02-03Legal analysis: It is not necessary to appear in court to testify, but if the prosecutor, the party, the defender, or the litigant have objections to the testimony of the witness, and the testimony of the witness has a major impact on the conviction and sentencing of the case, and the people's court finds that it is necessary for the witness to appear in court to testify, the witness shall appear in court to testify.
Legal basis: Article 65 of the Criminal Procedure Law of the People's Republic of China: Witnesses shall be given subsidies for transportation, lodging, meals, and other expenses incurred as a result of their obligation to testify. Subsidies for witnesses to testify are quietly closed to the operating expenses of the judicial organs, and are guaranteed by the finance department of the same level.
Where witnesses from the work unit testify, the unit to which they belong must not deduct or covertly deduct their wages, bonuses, or other benefits.
Article 124 of the Criminal Procedure Law of the People's Republic of China: Investigators may conduct questioning of witnesses at the scene, or at the witness's unit, residence, or location where the witness submits, and when necessary, may notify the witness to provide testimony to the people's procuratorate or public security organ. When questioning witnesses at the scene, they shall present their work identification, and when they go to the witness's unit, residence, or location proposed by the witness to question the witness, they shall present the supporting documents of the people's procuratorate or public security organ.
The questioning of witnesses shall be conducted individually.
Article 192 of the Criminal Procedure Law of the People's Republic of China: Where the public prosecutor, parties, defenders, or litigants have objections to a witness's testimony, and the witness's testimony has a major impact on the verdict or sentencing of the case, and the people's court finds that it is necessary for the witness to appear in court to testify, the witness shall appear in court to testify.
The provisions of the preceding paragraph apply to people's police appearing in court as witnesses to give closed testimony on crimes they witnessed in the performance of their duties.
Where the public prosecutor, parties, defenders, or litigants have objections to the evaluation opinion, and the people's court finds that it is necessary for the evaluator to appear in court, the evaluator shall appear in court to testify. Where, upon notice from the people's court, the evaluator refuses to appear in court to testify, the evaluation opinion must not be the basis of the verdict.
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Anonymous users2024-02-02Legal Analysis: Witnesses must appear in court to testify. All units and individuals who know that the circumstances of the case are late are obliged to appear in court to testify.
The responsible person of the relevant unit shall support the witnesses in testifying. A person who cannot express his meaning correctly cannot testify. Upon notice from the people's court, witnesses shall appear in court to testify.
Legal basis: Article 72 of the Civil Procedure Law of the People's Republic of China All units and individuals who know the circumstances of the case have the obligation to appear in court to testify. The responsible person of the relevant unit shall support the witnesses in testifying.
A person who cannot express his meaning correctly cannot testify.
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Anonymous users2024-02-01Witnesses are obliged, but not obliged, to appear in court in civil proceedings. Upon notice from the people's court, witnesses shall appear in court to testify. In any of the following circumstances, with the permission of the People's Court, testimony may be given through written testimony, audio-visual transmission technology, audio-visual materials, or other means:
1) Unable to appear in court due to health reasons;
(2) They are unable to appear in court due to long distances and inconvenient transportation;
3) Those who are unable to appear in court due to unavoidable force majeure such as self-praise and burning disasters;
(4) Other cases where there is a legitimate reason for not being able to appear in court.
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Anonymous users2024-01-31All units and individuals who know the circumstances of the case have the obligation to appear in court to testify. The responsible person of the relevant unit shall support the witnesses in testifying. Where witnesses truly have difficulties and are unable to appear in court, they may submit written testimony with the permission of the people's court.
Witnesses are genuinely unable to appear in court" refers to the following circumstances:
1) The elderly and weak or have difficulty moving and are unable to appear in court;
2) The special post is truly impossible to leave;
3) The distance is particularly long, and the transportation is inconvenient and it is difficult to appear in court;
4) Unable to appear in court due to force majeure such as natural disasters;
5) Other special circumstances where it is impossible to appear in court.
If a witness is unable to appear in court to testify, with the permission of the people's court, the witness may submit written testimony or audio-visual materials or testify through two-way audio-visual transmission technology. To sum up, on the issue of witnesses having to testify in court, you can refer to the above content, and then deal with it according to your actual situation.
Legal basis: Article 72 of the Civil Procedure Law of the People's Republic of China.
All units and individuals who know the circumstances of the case have the obligation to appear in court to testify. The responsible person of the relevant unit shall support the witnesses in testifying.
A person who cannot express his meaning correctly cannot testify.
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Anonymous users2024-01-30It is not necessary to appear in court to testify, but if the public prosecutor, the party, the defender, or the litigant have objections to the testimony of the witness, and the witness's testimony has a major impact on the verdict and sentencing of the case, and the people's court finds that the witness must appear in court to testify, the witness shall appear in court to testify. Witnesses shall be given subsidies for transportation, lodging, meals, and other expenses incurred as a result of their obligation to testify.
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