Lawyer's right to investigate and collect evidence is a basic litigation right of lawyers, which refers to the right of lawyers to collect, collect and verify evidence materials that can prove the innocence of criminal suspects and defendants, or to reduce or exempt them from criminal responsibility in the process of undertaking criminal cases.
After the judicial investigation, the defense lawyer will conduct a supplementary investigation. For the same source of evidence, the right of initial investigation belongs to the judicial organ, and the defense lawyer has the right to conduct supplementary investigation afterwards. Once the evidence in favor of the defendant is excavated, it will have a complementary effect with the judiciary.
Read the newspaper before you investigate. By reading the case file carefully, the defense lawyer understands the case and finds out the doubtful points in the case file. Only by finding the right problem can supplementary investigation be effective.
Listen to the defendant's statement before investigation and evidence collection. The defendant knows the case best, no matter whether his statement is true or not, he will help the defense lawyer find the problem and determine the direction of investigation and evidence collection. From the procedure of investigation and evidence collection, defense lawyers should follow the principle of investigation and evidence collection according to law and must not take any illegal means of evidence collection that judicial organs are not allowed to take. Do not threaten, seduce or instruct witnesses to commit perjury, nor tamper with or forge evidence. If you are rejected, you should not force an investigation.
legal ground
Article 35 of the Lawyers Law of People's Republic of China (PRC) may, according to the needs of the case, 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 investigate and collect evidence on their own. With the lawyer's practice license and the certificate of law firm, you can investigate the situation related to undertaking legal affairs to the relevant units or individuals. Article 40 A lawyer shall not commit any of the following acts in his practice:
(1) Accepting entrustment, charging fees, accepting property or other benefits from the client without permission;
(two) to seek the disputed rights and interests of the parties by taking advantage of providing legal services;
(3) accepting property or other benefits from the other party, and maliciously colluding with the other party or a third party to infringe upon the rights and interests of the client;
(4) Meeting with judges, prosecutors, arbitrators and other relevant staff in violation of regulations;
(5) bribing judges, prosecutors, arbitrators and other relevant staff members, introducing bribes or instigating or inducing parties to pay bribes, or otherwise influencing judges, prosecutors, arbitrators and other relevant staff members to handle cases according to law;
(six) intentionally providing false evidence or threatening or inducing others to provide false evidence, so that the other party can not legally obtain evidence;
(seven) inciting or instigating the parties to take illegal means such as disturbing public order and endangering public security to resolve disputes;
(8) Disrupting the order of courts and arbitration tribunals and interfering with the normal conduct of litigation and arbitration activities.