1. Can a divorce lawyer take evidence?
If you entrust a lawyer in the process of divorce proceedings, it can help you find the other party's related property more smoothly. There are some evidential materials that lawyers can obtain on their own.
Some relevant evidence materials can be found through the court's investigation order. Lawyers' participation in divorce proceedings can better and more fully assist the parties to find evidence clues that are beneficial to them and tell you how to keep the evidence.
In the process of obtaining evidence, lawyers need the parties to provide some clues of relevant evidence, such as bank account number, mobile phone number, license plate number and house location. The following are some evidence materials that are often encountered in the course of litigation:
1, bank deposit survey;
2, real estate registration and vehicle registration information query;
3. Company equity survey;
4, stocks, securities, funds, futures, bonds and other securities survey;
5. Investigation on the company's operating income;
6. Judicial investigation of intellectual property rights;
Two, the lawyer's right to investigate and collect evidence has the following characteristics
1. Lawyers are not legally required to investigate evidence.
Article 45 of China's Criminal Procedure Law stipulates: "People's courts, people's procuratorates and public security organs have the right to collect and obtain evidence from relevant units and individuals. The relevant units and individuals shall truthfully provide evidence ". From the content of the stipulation that "evidence should be provided truthfully", the investigation and evidence collection by public prosecutors and legal personnel is mandatory. There is no provision that lawyers have the right to compulsory evidence collection. Lawyers' investigation and evidence collection is only an activity with the nature of visiting, and it is not mandatory.
2. Lawyers' right to collect evidence in criminal investigation focuses on collecting evidence beneficial to the defendant.
According to legal duties, lawyers should not seek and collect evidence against the defendant, which will easily confuse lawyers' defense duties and play the role of prosecutors. Lawyers should collect facts and reasons that can prove the innocence, light crime or reduction or exemption of criminal responsibility of criminal suspects and defendants from the perspective of safeguarding the legitimate rights and interests of the parties.
3. The evidence obtained by the lawyer's investigation must be verified by the court before it can be used as evidence.
The evidence obtained by the lawyer's investigation cannot be directly used as the basis for the court to finalize the case. The validity of evidence can only be determined by questioning witnesses and cross-examination by both parties during court investigation.
The above is the introduction of whether a divorce lawyer can obtain evidence. In divorce, divorce evidence includes evidence that the other party is at fault, evidence that children living with themselves is more conducive to their own life and study, and so on. There are other legal information that needs to be consulted. Welcome to consult.