诉讼权利义务告知书英文版(包括被害人版和证人版)_证人权利义务告知书
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Notification of the Victim’s Procedural Rights and Obligations Pursuant to the Criminal Procedure Law of the People’s Republic of China, during the case investigation by the public security organ, the victim has the following rights and obligations:
Rights:
1.Citizens of all nationalities shall have the right to use their native spoken and written languages in court proceedings.(Article 9)
2.Participants in proceedings shall have the right to file charges against investigators whose acts infringe on their citizen's procedural rights or subject their persons to indignities.(Article 14)
3.In any of the following situations, a member of the judicial, procuratorial or investigatory personnel, court clerks and interpreters shall voluntarily withdraw, and the parties to the case and their legal representatives shall have the right to demand his withdrawal:(1)if he is a party or a near relative of a party to the case;
(2)if he or a near relative of his has an interest in the case;(3)if he has served as a witne, expert witne, defender or agent litigant in the current case;(4)if he has any other relations with a party to the case that could affect the impartial handling of the case.If a decision has been made to reject his application for withdrawal, the party or his legal representative may apply for reconsideration once.(Article 28, 30,31)
4.If a victim has suffered material loes as a result of the defendant's criminal act, he shall have the right to file an incidental civil action during the course of the criminal proceeding.(Article 77)
5.If the public security organ believes that there are no facts of a crime or that the facts are obviously incidental and do not require investigation of criminal responsibility, it shall not file a case.If the victim does not agree with the decision, he may ask for reconsideration.6.Where a victim considers that a case should be filed for investigation by a public security organ but the latter has not done so, the victim can bring the matter to the People’s Procuratorate.(Article 87)
7.The record of an interrogation shall be shown to the victim for checking.If the victim cannot read, the record shall be read to him.If there are omiions or errors in the record, the victim may make additions or corrections.If the victim requests to write a victim statement, he shall be permitted to do so.(Article 100)
8.The investigation organ shall notify the victim of the conclusion of the expert verification which will be used as evidence in his case.A supplementary expert verification or another expert verification may be conducted upon application submitted by the victim.(Article 121)
Obligations
1.The victim should provide evidence and give testimony truthfully and shall be informed of the legal responsibility that shall be incurred for intentionally giving false testimony or concealing criminal evidence.(Article 100)
Notification of the Witne’s Procedural Rights and Obligations
Pursuant to the Criminal Procedure Law of the People’s Republic of China, during the case investigation by a public security organ, the witne has the following rights and obligations:
Rights:
1.Citizens of all nationalities shall have the right to use their native spoken and
written languages in court proceedings.(Article 9)
2.Participants in proceedings shall have the right to file charges against judges,procurators and investigators whose acts infringe on their citizen's procedural rights or subject their persons to indignities.(Article 14)
3.The People's Courts, the People's Procuratorates and the public security organs
shall insure the safety of witnees and their near relatives.(Article 49)
4.The record of an interrogation shall be shown to the witne for checking;if the
witne cannot read, the record shall be read to him.If there are omiions or errors in the record, the witne may make additions or corrections.If the witne requests to write a personal statement, he shall be permitted to do so.(Article 99)Obligations:
1.All those who have information about a case shall have the duty to testify.(Article 48)
2.The witne shall provide evidence and give testimony truthfully and shall be
informed of the legal responsibility that shall be incurred for intentionally giving false testimony or concealing criminal evidence.(Article 98)