Cross-examination opinions on witness testimony

When cross-examining witness testimony, cross-examination can be conducted through the following points:

1, the basic situation of the witness (whether he is underage, whether he can correctly perceive the situation at that time, whether he can correctly recall and express it), and the relationship between the witness and the parties;

2, the witness's perception, memory, expression, etc. That is, whether the witness has the ability to correctly perceive, record and recall the facts of the case, and whether the witness can correctly express this perception. ;

3. The environment and conditions for the witness to perceive the facts of the case;

4. Whether the witness's description of the same fact is contradictory;

5. The source and legality of witness testimony.

First, the admissibility rules of witness testimony.

1, opinion evidence rule, that is, the content of witness testimony should be the expression of his personal perception, and should not be speculative, inferential, critical or inferential testimony. The Legal Express reminds you that there is an exception to this rule, that is, the testimony of witnesses is not personally perceived. But if it is true according to the general life experience, it is acceptable.

2, the rule of evidence ability, that is, when the witness testifies, his age, cognitive level, memory ability and expression ability, as well as whether the physical and mental state affects the testimony.

3. The principle of legality of evidence, that is, the procedures and methods of obtaining witness testimony should comply with laws and relevant regulations.

4. The admissibility rule of court testimony, that is, the testimony of a witness in court contradicts his testimony in court. If a witness can make a reasonable explanation for his testimony in court and there is relevant evidence to prove it, the testimony in court should be accepted. If no reasonable explanation can be given, and his pre-trial testimony is confirmed by relevant evidence, his pre-trial testimony can be accepted.

Second, the witness testimony is invalid.

1. Testimonies made by minors that are not commensurate with their age and intellectual status.

2. Testimony issued by a witness who has an interest in one party or his agent.

3. Testimony of witnesses who fail to testify in court without justifiable reasons.

3. What is the probative force of witness testimony?

1, relevance, that is, the evidence must be related to the facts of the case to be proved, so it is of practical significance to prove the case. The relationship between evidence and the facts of the case is diverse, which can be used to prove the existence of the facts of the case or to deny the existence of the facts of the case.

2. Authenticity, that is, the evidence must be objective. The evidence fact must be the fact left over with the occurrence and development of the case, and it is not transferred by people's subjective will.

3. legitimacy. The contents and collection procedures of evidence must be legal. The collection and use of evidence must be carried out in accordance with the law, including: the subject of collection, use and evidence should be legal, the procedure of each evidence source should be legal, the evidence should have a legal form and be verified by legal procedures.

Legal basis:

Criminal Procedure Law of the People's Republic of China

Article 123

When questioning witnesses, they should be informed of their legal responsibilities for providing evidence and testimony truthfully, intentionally perjury or concealing criminal evidence.