[Direct answer]In principle, it cannot be used. Article 192 of the Criminal Procedure Law of the People's Republic of China stipulates that if the public prosecutor, the parties, the defense attorney, or the litigation agent have objections to the witness's testimony and the witness's testimony has a significant impact on the conviction and sentencing of the case, the witness shall appear in court to testify. If the witness refuses to appear in court without a valid reason after being notified by the people's court, his or her testimony shall not be used as the basis for the judgment (except for the exceptions stipulated by law). In civil litigation, witnesses are also required to appear in court for cross-examination. Written testimonies from witnesses who fail to appear in court are generally not accepted by the court alone. If there are valid reasons that prevent witnesses from appearing in court, they can provide testimony through written testimonies, audio-visual transmission, etc., and the court will review it comprehensively.

1. Problem background and typical scenarios

The key facts of the case can only be clarified by the witnesses, but the witnesses refuse to appear in court because they are afraid, find it troublesome, or inconvenient, and only submit a written testimony. Both the prosecution and the defense have great disputes over this testimony, and whether it can be used as the basis for sentencing directly affects the outcome of the case. There are both similarities and differences in the requirements for witnesses to appear in court in criminal and civil cases.

II. Key points of contention

First, the conditions under which a witness must appear in court. Second, the legal effect of a witness's testimony when they fail to appear in court. Third, the scope of justifiable reasons. Fourth, the differences in evidentiary value between written testimonies and testimonies given in court. Fifth, the legal consequences of refusing to appear in court.

III. Professional analysis by Henglue Lawyers

Henglue Lawyer starts with the rules of criminal litigation. Firstly, the conditions for appearing in court: If the defense party has objections to the witness's testimony and the testimony has a significant impact on the conviction and sentencing, the witness shall appear in court. This is an important procedure to guarantee the right to cross-examination and to clarify the facts. Secondly, the consequences of not appearing in court: If the witness refuses to appear in court without a valid reason after being notified by the court, his/her testimony shall not be used as the basis for the judgment, which means that the testimony will lose its validity in the adjudication. In addition, the court may give him/her a warning, and those who commit serious violations may be detained. Thirdly, valid reasons: If the witness suffers from serious illness, has mobility problems, is on a particularly long journey, or is temporarily unable to return to China from abroad, etc., he/she may be deemed unable to appear in court. With the court's permission, the witness may give testimony through written, audio-visual transmission, or audio-visual materials. Fourthly, differences in civil litigation: The civil evidence rules also require witnesses to appear in court for questioning. Written testimonies from witnesses who fail to appear in court have weaker probative force and are usually difficult to be admitted without other evidence to corroborate them, except in cases where both parties agree or there are genuine difficulties. Fifthly, practical significance: For the defense party, he/she can apply for the key witnesses to appear in court and raise objections to their testimonies, thereby weakening the prosecution's evidence through cross-examination. For the prosecution, he/she should ensure that the witnesses appear in court or provide valid reasons, otherwise he/she may face the risk of the testimonies being excluded.

IV. Practical suggestions and legal basis

Action recommendations: First, if you believe that the witness's testimony has a significant impact on the case, apply for the witness to appear in court in a timely manner; Second, raise objections to the written testimony that has not been presented in court; Third, collect materials on the legitimate reasons why the witness cannot appear in court to avoid the testimony being excluded; Fourth, if necessary, apply to retrieve the original interrogation audio and video recordings to verify the process of forming the testimony. For matters involving criminal defense and cross-examination, you can refer to the relevant provisions of the Criminal Procedure Law of the People's Republic of China.Criminal defense and criminal case filingFor civil cases involving evidence rules, you can refer toSpecial servicesLegal basis: Articles 192 and 193 of the Criminal Procedure Law of the People's Republic of China (currently in effect), the relevant provisions of the Interpretation of the Criminal Procedure Law by the Supreme People's Court, the Civil Procedure Law of the People's Republic of China, and the relevant judicial interpretations of the Supreme People's Court on evidence in civil litigation. The specific application shall be subject to the currently effective laws and regulations and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, if the key witness does not appear in court, the testimony is likely to lose its evidentiary value. Secondly, if there are objections, they must be raised in a timely manner, otherwise they may be regarded as a waiver of the right to cross-examine the witness. Thirdly, it is necessary to provide evidence for a legitimate reason, and oral explanations are difficult to be accepted. Fourthly, written testimonies need to be corroborated by other evidence, and it is risky to rely solely on one piece of material. For cases involving criminal cross-examination and witness appearance, it can be done through the following methods:Criminal defense and criminal case filingWe provide a comprehensive solution for services, which includes evidence review and the ability to handle complex casesSpecial servicesFor plates involving civil evidence, you can refer to the following for referenceBusiness and contract disputes in enterprisesFor columns related to personal injury evidence, you can seek advice from usPersonal injury and medical disputesTeam.

VI. Frequently Asked Questions

Q1: If the witness only wrote one affidavit, will the court accept it?

If the testimony has a significant impact on the case and the other party raises objections, the court usually requires the witness to appear in court. If the witness fails to appear without a valid reason, the testimony generally cannot be used as the basis for the judgment; and its probative force is also weaker in civil cases.

Q2: What reasons can justify not appearing in court?

For example, if a person suffers from a serious illness, is extremely inconvenient to move around, the journey is particularly long, or they are abroad and unable to return to China for a short period of time, they may be allowed by the court to give evidence by written or audio-visual transmission. The reasons for this must be supported by relevant materials.

Q3: How to apply for a witness to appear in court?

The parties, defenders, or litigation agents may submit applications to the court, stating the identity of the witness, the matters to be proved, and the necessity of their appearance in court. If the court deems it necessary, it will notify the witness to appear in court.

Q4: What are the consequences if a witness refuses to appear in court?

Anyone who refuses to appear in court without a valid reason, after being notified, shall not be allowed to give testimony as the basis for making a judgment. The court may also give them a warning, and those who commit serious violations may be detained. Witnesses shall fulfill their obligation to give testimony in accordance with the law.

Q5: Are written testimonies completely useless?

This is not an absolute rule. If the witness has a legitimate reason for not being able to appear in court, and is allowed by the court to give testimony in writing, and the testimony corroborates other evidence, it may still be admitted; but using it alone carries greater risks.

The above Q&A is mainly based on judicial practice in Beijing. There may be differences in the interpretation of rulings in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with evidence materials, to avoid missing the statutory time limit. →Criminal defense legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.