Moreover, there is no requirement that the statements be given by the witness in the framework of an investigation according to the law, and the statement does not need to be signed by the witness or recorded with his own hands. The statement can be recorded from the mouth of a witness even without him being aware of it, and even he refuses to record the words. It should also be said that the case law has determined that the law of recording a written statement is lawful, even if that recording was made without the knowledge of the person who made the statement (Criminal Appeal 323/84 Shriki v. State of Israel, IsrSC 39(3) 505, 516-518 (Justice E. Goldberg); Criminal Appeal 594/86 Chelouche v. State of IsraelIsrSC 41(2) 824, 834 (President Shamgar); N. Salzman "Reel Recording as a Document and the evidentiary requirement for the reporter", Iyunei Mishpat 12 (תשמ"ז) 77, 107-112)).
The Halacha Regarding the Requirement to"She said in writing that he gave a witness outside the court" Summarized by the scholar Kedmi in his book Yaakov Kedmi, On the Evidence - Part First - The Law in the Perspective of the Ruling (2009 Combined and Updated Edition) At p. 370:
"A. The Question In the expression of "witness" - According to his 'status' at the time of giving the testimony, whether he testified or did not testify or it is not possible for him to testify - which was done outside the framework of the criminal hearing during which it is sought to be presented as evidence, which is reflected in writing, whether in the witness's handwriting or in a recording made by the person who listened to him, whether in his presence and knowledge or not, in his presence and knowledge, including in the recording; Provided that where the recording of the witness's statements was not made at the time of their statement, the recording shall be made as soon as possible and at the first opportunity, and shall reflect the words of the witness and not the impression of the impression of the witness of what he heard from him.
- It is not superfluous to note that where he has given up to a number of foreign statements in writing, the content of which is not identical - that is, he has given several different versions in a number of statements - all or only part of them can be submitted as evidence; And for the home ‑ The law refers to the authority to choose from among them the one who believes in it."
The First Condition For the purpose of accepting an external statement of a witness, it is that "The giving of the statement was proven in the trial". This condition requires proof that the statement was given by the witness. If the witness confirmed in his testimony that the statement was made by him, this can suffice. This condition does not relate to the proof of the circumstances in which the statement was given, but only to the question of the identification of the statement as the witness's statement. However, if the witness does not confirm that he said what was written in the statement, or he denies them, the statement can be proved by evidence or other witnesses that will prove that this is what the witness said. It is usually customary to prove the identity of the witness by means of the person who collected the statement from him and documented it.