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In a criminal case, during the trial stage of the case, the criminal suspect can collect evidence, including finding witnesses, to defend himself, so can the testimony of relatives and friends be used as evidence? Let's take a look.
Yes, anyone who knows the circumstances of the case has an obligation to testify.
Witness testimony must be cross-examined and verified by both the prosecutor, the victim, the defendant, and the defender in court before it can be used as the basis for a verdict.
Code of Criminal Procedure
Article 62: 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 and who cannot express themselves correctly cannot be witnesses.
Article 61: Witness testimony must be debated and verified by both the prosecutor, the victim, the defendant, and the defender in court 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.
The above knowledge is the answer to the question of "can the testimony of relatives and friends be used as evidence", if you have legal questions and want to consult, you can pay attention to non-litigation, private message consultation.
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Article 44 of China's "Civil Procedure Law" stipulates: "In any of the following circumstances, adjudicators shall recuse themselves, and the parties have the right to apply for their recusal orally or in writing: (1) they are parties to the case or close relatives of the parties or litigants; (2) They have an interest in the case; (3) They have other relationships with the parties to the case or litigants that might impact the fair trial of the case.
Where adjudicators accept hospitality and gifts from parties or litigants, or meet with parties or litigants in violation of provisions, the parties have the right to request their recusal. Where adjudicators have the conduct provided for in the preceding paragraph, they shall be pursued for legal responsibility in accordance with law. The provisions of the preceding three paragraphs apply to clerks, translators, evaluators, and inquest personnel.
It can be seen that the recusal system in civil litigation is only applicable to adjudicators, clerks, translators, appraisers, and inquest personnel, and is not applicable to witnesses. Because witnesses are irreplaceable, they can testify, as long as the testimony of the witnesses is true and credible.
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Can a party's family members be witnesses when testifying in court?
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Hello, we will ** consult in order to give a detailed answer, thank you!
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The so-called witnesses refer to those who know the facts and circumstances of the case and provide testimony to the judicial-administrative organs. Relying on the testimony of witnesses to ascertain the facts of a case has been valued by ancient and modern Chinese and foreign laws, and it is also the most widely used form of evidence in various litigations. In our country, except for those who are physically or mentally handicapped or who are too young to distinguish between right and wrong and to express their will correctly, all those who know the circumstances of the case have the obligation to testify.
Witnesses should give truthful testimony and be held legally liable if they give false testimony or conceal incriminating evidence.
Witnesses who testify must be qualified to testify. The following persons shall not be considered witnesses:
1. Persons who are unable to distinguish right from wrong due to physical or mental reasons, and who are unable to express themselves correctly, except where there is evidence that the facts proved by the intermittent mentally ill person at the time of testimony occurred in a normal mental state at the time of occurrence;
2. Procurators, adjudicators, clerks, and translators in this case cannot serve as witnesses in this case at the same time;
3. The person in this case cannot act as a witness in this case at the same time;
4. Other persons who are not allowed to be witnesses as prescribed by law.
Witnesses shall testify truthfully, and shall bear legal responsibility for perjury.
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1. Your friend has the qualifications of a witness, and anyone who knows the facts of the case has the obligation to prove it, and the scope of witnesses is very broad; 2. The owner of the hotel may issue witness statements. In judicial practice, testimony is generally given, and witnesses rarely appear in court. Therefore, the owner of the restaurant does not have to come forward in person.
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can be used as a witness;
But witnesses generally have to appear in court, otherwise they will not be admitted.
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It can be used as a witness, but it has an interest in it, and the probative power is limited.
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Anyone who knows the case can testify, and the boss has to testify in court.
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Can be used as a witness, but the probative power is relatively weak.
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First of all, the party's friends can testify, but the probative force may be a little lower.
The written material provided by the boss is actually a witness testimony, and he should appear in court during the lawsuit. (It's more probative than your friend).
At that time, you should have called 110 immediately after the incident and made a record, indicating that you were threatened and coerced into signing an IOU, otherwise it will be a bit difficult to sue now.
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A while ago, when my friend and I were eating out, I met my former girlfriend's parents and uncle, and then his uncle gathered some people to block me in the restaurant {his uncle just released from it, and he was sentenced for several years for kidnapping and extortion}, and asked me to give him an IOU, and threatened me with what I would do if I didn't fight, and then they couldn't find me because I went to other places, and recently I came home and met her mother, and her mother asked me for money, and I said that I didn't owe you any money at all, and you forced me to beat the noteHer mother went to the court to sue me, suing me in the name of borrowing her money to buy things and then not paying it back, I wanted to consult, I had two friends present at the time, and the owner of the hotel also knew, but the boss was not willing to make trouble, can my two friends be witnesses, can the owner of the hotel provide a written document and not come forward?
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