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According to the law, interrogation witnesses and victims must make a record, and the interrogation record must be submitted to the witness or victim for verification, and if there are omissions or errors in the record, the witness or victim may submit supplements or corrections.
Legal basis: Article 120 of the Criminal Procedure Law: The interrogation record shall be given to the criminal suspect for verification, and shall be read to the criminal suspect if he does not have the ability to read. If there are omissions or errors in the record, the criminal suspect may submit a supplement or correction.
After the criminal suspect admits that there are no errors in the record, he shall sign or affix a seal. Investigators shall also sign the record. Where criminal suspects request to write a confession on their own, it shall be permitted.
When necessary, investigators may also ask the suspect to write a confession in his own handwriting.
Article 122: Investigators may conduct questioning of witnesses at the scene, or at the witness's unit, residence, or location proposed by the witness, 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 123: When questioning witnesses, they shall be informed of the legal responsibility they should bear for truthfully providing evidence and testimony and for intentionally giving false testimony or concealing criminal evidence.
Article 124:The provisions of article 120 of this Law also apply to the questioning of witnesses.
Article 125:The provisions of this section apply to the questioning of victims.
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Of course, criminal suspects, witnesses, victims, and all those involved in the case can make interrogation records, but it just depends on whose evidence is more effective.
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It is necessary to ask for a record, otherwise what will the public security organs use to prove the victim's victimization process and the extent of his injuries?
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Article 90 of the Supreme People's Court's "Interpretation on Several Issues Concerning the Application of the Criminal Procedure Law" provides detailed provisions on the review, identification, and exclusion of identification records. In any of the following circumstances, the identification record must not be the basis of a verdict: the identification was not conducted under the auspices of investigators; Allowing the person making the identification to see the object of the identification before the identification; the identification activity was not carried out individually; The object of identification is not mixed with other objects with similar characteristics, or the number of objects to be identified does not meet the requirements; Clearly hinting at or clearly suspecting the person making the identification during the identification; Other situations where relevant provisions are violated and the true nature of the identification record cannot be determined.
1. What kind of evidence is the identification record?
The identification record has always been used as evidence, but it has not been clear which form of evidence he belongs to. Some people believe that the destruction of the victim's identification record is a victim's statement, the criminal suspect's identification record is a criminal suspect's confession, and the witness's identification record is a testimony. The new Criminal Procedure Law stipulates that identification records are a form of evidence.
1. According to the different objects of identification, it can be divided into personal identification, ** identification, item identification, place identification and corpse identification.
2. According to the different identification methods, it can be divided into "one-to-one" identification and mixed identification. Among them, the mixed identification includes the mixed identification of **, items and the identification of suspects in formation.
3. Based on the different subjects of identification, it may be divided into victim identification, criminal suspect (defendant) identification, and witness identification.
4. According to the different stages of identification, it can be divided into investigation identification and court identification.
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Witness transcripts are interrogations. In criminal proceedings, the interrogation is conducted against the suspect or the defendant, and the interrogation is mainly to ask the witnesses about the facts of the case. Interrogation records are evidentiary documents made by judicial personnel of judicial organs during the interrogation of defendants, recording the circumstances of the defendant's confession or justification, as well as Heng Sanwang's lawful interrogation of the defendant.
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Taking a transcript of an interrogation as a witness does not necessarily turn you into a suspect.
The interrogation record is a question-and-answer written record made by the public security organs in the course of handling a case in order to ascertain the facts of the case and investigate the relevant persons in the case other than the parties, and is the category of documentary evidence in the types of evidence, not witness testimony.
According to article 61 of the Criminal Procedure Law, the principle of cross-examination of witness testimony in court can only be used as the basis for a verdict after the testimony of a witness has been cross-examined and verified by both the prosecutor, the victim, the defendant and the defender in court. When the court finds that a witness intentionally gave false testimony or concealed criminal evidence, it shall handle it in accordance with law.
Legal basis. Article 50 of the Criminal Procedure Law of the People's Republic of China: Materials that may be used to prove the facts of a case are all evidence. Evidence includes:
1) Physical evidence; (2) documentary evidence; (3) Witness testimony; (4) The victim's statement; (5) Confessions and justifications of criminal suspects or defendants; (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.
Article 61 of the Criminal Procedure Law of the People's Republic of China: Witness testimony must be cross-examined and verified in court by both the prosecutor, the victim, the defendant, and the defender before it can be used as the basis of a verdict. When the court finds that a witness intentionally gave false testimony or concealed criminal evidence, it shall handle it in accordance with law.
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