1. If a lawyer investigates and collects evidence by himself, he may, with the lawyer's practice certificate and the certificate of the law firm, investigate the situation related to undertaking legal affairs with the relevant units or individuals. When investigating and collecting evidence by state organs, investigators shall produce their certificates, obtain the cooperation of the respondents, and make investigation records, which shall be signed or sealed by the respondents and investigators. The subjects of investigation and evidence collection are lawyers, public security organs and procuratorates.
Legal basis: Article 64 of the Rules of Criminal Procedure of the People's Procuratorate.
Material evidence, documentary evidence, audio-visual materials and electronic data collected by administrative organs in the process of administrative law enforcement and case investigation shall be obtained in the name of their own organs, and those that meet the statutory requirements after examination by the people's procuratorate may be used as evidence.
Two, smuggling, illegal cases of administrative investigation procedures
1, put on record
The customs anti-smuggling department shall promptly accept and file cases or clues of smuggling, violation of regulations and other administrative violations that meet the conditions for filing. After examination, cases under the jurisdiction of other law enforcement departments shall be promptly transferred to the law enforcement departments with jurisdiction for handling.
Step 2 investigate
In the process of case investigation, the anti-smuggling department of the customs shall comprehensively, objectively and fairly collect the evidence of whether the parties have illegal facts and the seriousness of the illegal circumstances. The investigation shall be conducted by two or more investigators, who shall show their law enforcement certificates to the relevant units and individuals to identify themselves and conduct investigation and evidence collection. The case-handling personnel may ask the parties and witnesses at their units or residences, or ask them to go to a designated place. When investigating cases of suspected smuggling, violation of regulations and other administrative violations, criminal compulsory measures shall not be taken against the parties, and criminal legal documents shall not be produced or issued.