Can the judge give evidence in court?

In principle, cases tried in public must be publicly cross-examined, and the prosecution (procuratorial organ) must publicly collect evidence (if confidentiality is required, technical treatment can be carried out, such as mosaic in video and special treatment of sound).

First, if it involves state secrets, personal privacy, business secrets, etc. The trial shall not be held in public.

For a case tried in public, the defendant's defense lawyer and the prosecution can exchange evidence before the trial.

Two, in criminal cases, the procuratorial organ is on behalf of the state to prosecute, in court cross-examination, it should explain the source of evidence.

Including who is the witness, who is the person who provides the evidence or which organ, whether the procedure of obtaining evidence is legal, and the authenticity, legality, relevance and objectivity of the evidence are all the contents to be proved in court cross-examination.

Three, in civil litigation, the cross-examination of evidence, still adhere to the principle of openness.

According to "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings", during cross-examination, the parties should question, explain and refute the authenticity, relevance and legality of the evidence. Generally speaking, the cross-examination procedure generally includes the following three steps:?

1. At the beginning of cross-examination, one party presents evidence to the court and the other party presents evidence. Presentation methods include reading, showing, playing, etc. After one party produces the evidence, the other party will appraise it, and the appraisal results can be divided into two types: approval and disapproval. If the documentary evidence presented by the other party is found to be true, the people's court may directly confirm the probative force of the evidence recognized by the other party, and will not conduct cross-examination. After the evidence presented by one party is denied by the other party, the denying party must explain the reasons for the denial to the court. After the cross-examination party states the reasons for denial, the producer can also refute the reasons for denial. Then the cross-examination party will debate the reasons for the rebuttal until the court thinks that the evidence has been examined and verified clearly. When necessary, the judge may also ask questions to the parties.

2. Evidence that is not disputed by both parties, including evidence recognized during pre-trial exchange, will not be cross-examined during the trial. That is, there is no need to prove or cross-examine the facts that are not disputed by the parties.

3. The evidence collected by the people's court ex officio shall be read by the judges.

If the evidence cross-examined in court can be identified immediately, it shall be identified immediately; If it cannot be recognized immediately, it can be recognized after the collegial panel adjourns; If the collegial panel considers it necessary to continue to provide evidence or conduct expert inspection after collegial panel meeting, it can be determined after the next court session. Evidence that has not been cross-examined by the court cannot be used as the basis for finalizing the case.