The following provisions are provided for lawyers' investigation and evidence collection:
The "Lawyers Law of the People's Republic of China" is referred to as the "Lawyers Law"
Article 35 According to the needs of the case, the entrusted lawyer may apply to the People's Procuratorate or the People's Court to collect and obtain evidence, or apply to the People's Court to notify witnesses to appear in court to testify.
If a lawyer investigates and collects evidence on his own, he can investigate the situation related to the legal affairs undertaken by the relevant unit or individual with the lawyer's practicing certificate and the certificate of the law firm.
"Criminal Procedure Law of the People's Republic of China"
Article 36 Defense lawyers may consult, excerpt, and copy from the date of review and prosecution of the case by the People's Procuratorate. Litigation documents and technical appraisal materials in this case can be met and communicated with criminal suspects in custody. With the permission of the People's Procuratorate, other defenders may also review, excerpt, and copy the above-mentioned materials, and meet and communicate with criminal suspects in custody.
From the day the People's Court accepts the case, defense lawyers may review, excerpt, and copy materials on the criminal facts alleged in the case, and may meet and communicate with the defendant in custody. With the permission of the People's Court, other defenders may also review, excerpt, and copy the above-mentioned materials, and meet and communicate with the defendant in custody.
Article 37 With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to the case from them, and may also apply to the People’s Procuratorate or People’s Court to collect or obtain evidence, or apply for The People's Court notifies witnesses to appear in court to testify.
With the permission of the People's Procuratorate or the People's Court, and with the consent of the victim or his close relatives, or the witnesses provided by the victim, defense lawyers may collect materials related to the case from them.
Extended information
Principles of investigation and evidence collection
Principles of proceeding around the rights asserted by the client
What civil litigation must resolve is the original , there are facts in dispute between the defendant and the defendant, and to resolve the dispute, it must be proved by evidence. Only when the investigation and evidence collection are conducted around the disputed facts and the evidence obtained has a direct causal relationship with the disputed facts can it be probative. Otherwise, it is useless evidence.
Principle of objectivity and timeliness
Since the facts of the case exist objectively, the evidence to prove the facts of the case should also be objective. As evidence in litigation, it must be objectively existing facts. Regardless of physical evidence, documentary evidence, or witness, fictitious facts, speculations, and remarks made after assumptions cannot be used as evidence.
For this reason, during the process of investigation and evidence collection, lawyers must pay attention to collecting and obtaining evidence that has a direct causal relationship or objective correlation with the disputed facts.
Principles of legality and meticulousness
(1) Legality means that attorneys must collect evidence in accordance with the relevant provisions of the Lawyers Law, the Civil Procedure Law and other laws and regulations. . Legal collection of evidence is a prerequisite for ensuring that the evidence is probative. Evidence collected illegally cannot be used as the basis for finalizing a case. The legality of collecting evidence mainly includes the following aspects: First, when an attorney investigates and collects evidence from relevant units or individuals, he or she must present the "Lawyer Practice Certificate" and "Lawyer Investigation Letter" or "Lawyer Investigation Special Certificate" to the unit or individual under investigation. , and explain the purpose of the visit, and at the same time, the person under investigation must be told that the evidence must be truthfully provided.
Secondly, the investigation record should record: the name, gender, age, occupation, address, contact information, etc. of the person under investigation; the name, gender, age, and law firm of the investigator; the year and month of the investigation. , date, and the location of the investigation; the investigation transcript should be submitted to the person under investigation for verification, and finally signed or sealed by the person under investigation.
Thirdly, copies of materials from the unit under investigation should be submitted to the person in charge for verification and stamped with the official seal of the unit: indicate the year, month, and day; and attach a certificate from the investigator (lawyer). Finally, when investigating and collecting evidence from witnesses, illegal means such as threats, deception, and torture must not be used.
(2)
Meticulous means that in the process of investigating and collecting evidence, the attorney must be meticulous and conscientious, cannot act sloppily, and must collect or extract information that has a direct causal relationship with the case. various evidences.
For example, when a witness answers an inquiry with unclear content, the attorney should inquire carefully, ask for content that is directly causally related to the case, and make simple and clear records.
When investigating and extracting physical evidence, the original object should be the main one; if it is really difficult to extract the original object, a copy can be extracted; for physical evidence that may deteriorate or be destroyed, corresponding preservation measures should be taken. The originals of documentary evidence should also be collected and extracted; when submitting to the court, a copy should be submitted first, and then the original of the documentary evidence should be submitted during the court trial.
Reference materials: Baidu Encyclopedia - Investigation and evidence collection
Reference materials: Baidu Encyclopedia - Lawyers' right to investigate and evidence collection