The methods of investigation and evidence collection must be legal, and the methods of evidence collection stipulated by law mainly include:
1. Go ahead. Inquiry means that law enforcement agencies or lawyers ask the parties, witnesses or expert witnesses to state their understanding of the case. Inquiry is a measure and method of obtaining evidence that is often used in any case.
2. Interrogation. Interrogation refers to the method used by law enforcement agencies to ask violators, criminal suspects or criminal defendants to truthfully explain the case. The objects of interrogation are limited to criminals in administrative punishment cases and criminal suspects and defendants in criminal cases. The subject of interrogation is limited to law enforcement agencies, not including lawyers.
3. identify. Identification requires the victim or witness to pick out what he has seen and heard from many similar objects, places or people. The subject of identification can be the victim and witness in the case, and the object of identification can be the criminal suspect in the case or the person who has some connection with the case, or the articles or places related to the case.
Step 4 check. An inquest refers to a special activity in which law enforcement officers come to the scene to find and extract evidence. The subject of inspection is limited to law enforcement agencies, and lawyers have no right to conduct inspections. From the perspective of collecting evidence, on the one hand, the inquest is an important way to find and extract all kinds of physical evidence, on the other hand, the inquest record itself is also one of the types of evidence.
5. check. Inspection refers to the special activities of law enforcement agencies to inspect the personnel related to the case according to law. The object of examination is the body of the living, also called physical examination. Personal inspection record is its main form of evidence.
6. search. Search refers to the special activities of law enforcement agencies to conduct compulsory search, search and extract evidence materials from places or personnel related to the case according to their functions and powers. The search object can be a place, a person, a car, a boat and other objects. Search is an important way to find and extract all kinds of physical evidence and documentary evidence, and the search record itself is one of the types of evidence.
7. Experiment. Experiment refers to the special activities of law enforcement agencies to simulate and reproduce the crime scene, criminal process or case process, which is mainly applicable to criminal cases. In other kinds of cases, it may be necessary to use this reproducible experimental method to find out the cause of the accident or verify the statements of the parties or witnesses.
8. identification. Appraisal refers to the activities of specialized agencies or personnel to use their professional technical knowledge and scientific and technological equipment to detect related special problems and make appraisal conclusions.
According to the guidelines:
(1) "the Supreme People's Court on the implementation of
Article 54 The people's court shall collect, sort out, investigate and verify evidence from relevant units and individuals according to law, and may notify public prosecutors and defenders to be present when it deems it necessary.
Written evidence materials collected and transferred by the people's court from relevant units. Must be signed by the provider and stamped with the seal of the unit; The written evidence collected and obtained by the people's court from an individual must be signed or sealed by himself after it is confirmed to be correct.
Article 55 When the people's court investigates and verifies the evidence of a public prosecution case according to law, it shall inform the public prosecutor and the defender of the new evidential materials that have important influence on ascertaining the facts of the case. If necessary, it can also be directly copied and transferred to prosecutors and defenders.
② Criminal Procedure Rules of People's Procuratorate (1999 65438+ 10/8)
Article 128 During the initial investigation of a report, measures such as inquiry, inquiry, inquest, appraisal, and taking evidence materials may be taken that do not restrict the personal and property rights of the investigated object. No compulsory measures shall be taken against the investigated object, and no property of the investigated object shall be sealed up, detained or frozen.
Article 186 Procurators may, with the supporting documents of the People's Procuratorate, obtain evidence materials from relevant units and individuals that can prove the criminal suspect's guilt or innocence, and may take photos, videos, make copies and photocopies if necessary. Evidence involving state secrets should be kept strictly confidential.
③ Decision of the Supreme People's Procuratorate on Several Issues Concerning the Anti-corruption and Bribery Work of Procuratorial Organs (1999 1 1.8).
1 1. Strengthen evidence awareness and collect evidence objectively and comprehensively. It is necessary to collect evidence that the criminal suspect is guilty and guilty, as well as evidence that the criminal suspect is innocent and guilty. Investigation and evidence collection must be carried out in strict accordance with legal procedures. To do a good job in fixing evidence, the investigation activities such as interrogation, inquiry and search of major cases can be recorded, recorded and photographed simultaneously. Fix and preserve evidence by audio-visual means. Audio-visual materials should be actively collected and used according to law.
(4) Procedures for Public Security Organs to Handle Criminal Cases (1May 998 14)
Article 51 Public security organs must, in accordance with legal procedures, collect all kinds of evidence that can prove the criminal suspect's guilt or innocence and the seriousness of the crime. It is strictly forbidden to extort confessions by torture and collect evidence by threats, enticements, deception or other illegal methods. We must ensure that all citizens who are related to or know about the case, except in special circumstances, have the conditions to provide evidence objectively and fully, and can absorb and assist in the investigation.
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.