I. Procedures for defense lawyers to apply for investigation and evidence collection:
1. If a defense lawyer applies to a people's procuratorate or a people's court for the collection and collection of evidence, he shall submit it in writing, explain the reasons, and state the basic information of the applicant, the contents of the evidence materials to be collected and collected or the outline of the problems to be investigated.
2. An application for investigation and evidence collection is made in duplicate, one for the people's procuratorate or the people's court and the other for the law firm.
Second, the basic procedures for defense lawyers to investigate and collect evidence by themselves:
1. When investigating and collecting evidence, the defense lawyer must show the respondent the special letter of introduction, power of attorney and lawyer's practice license issued by the law firm, and it shall be conducted by two or more people. It may include lawyers from other law firms who are working on this case.
2. When investigating and collecting evidence, the defense lawyer may make audio and video recordings with the consent of the respondent.
3. When investigating and collecting evidence, the defense lawyer shall make an investigation record, which shall be signed by the investigators, witnesses or representatives of relevant participants such as grass-roots organizations, units and judicial organs.
4. When the defense lawyer investigates and collects evidence, it is best to have witnesses present, but the following persons shall not be used as witnesses for investigation and collection: those who are physically or mentally defective or young, do not have the corresponding discrimination ability or cannot express correctly; People who have an interest in the case and may affect the fair handling of the case; Staff members of public security and judicial organs who exercise the functions and powers of criminal proceedings such as inquest, inspection, search and seizure, or personnel employed by them;
5. Persons who are not competent for witness work due to objective reasons shall be noted in the recording materials, and relevant activities shall be recorded.
Third, the investigation and evidence collection in the investigation stage.
1. Defense lawyers have the right to investigate and collect evidence in the investigation stage of a case according to law.
2. In the investigation stage, defense lawyers can investigate and collect evidence from criminal suspects who are not at the scene of the crime, have not reached the age of criminal responsibility, and belong to mental patients who are not criminally responsible according to law, as well as related litigation procedures.
3. In the investigation stage, the defense lawyer shall promptly inform the public security organ of the evidence that the suspect is not at the scene of the crime, has not reached the age of criminal responsibility, and belongs to a mental patient who is not criminally responsible according to law, and attach a written defense opinion.
4. If the defense lawyer finds other evidence or evidence clues that are beneficial to the criminal suspect, he shall, after seeking the consent of the client and the parties, submit to the public security organ or put forward investigation suggestions in writing to the public security organ.
Four, review the investigation and evidence collection in the prosecution stage
1. At the stage of examination and prosecution, defense lawyers can investigate and collect evidence by themselves or apply to the people's procuratorate for investigation and collection.
After the case is transferred for examination and prosecution, if the defense lawyer thinks that the evidence materials collected by the public security organs during the investigation to prove the suspect's innocence or light crime have not been submitted, he may apply to the people's procuratorate for collection from the public security organs.
2. In the stage of examination and prosecution, the evidence collected by the defense lawyer about the criminal suspect who is not at the scene of the crime, has not reached the age of criminal responsibility, and belongs to the mental patient who is not criminally responsible according to law, shall be promptly informed to the people's procuratorate, and a written defense opinion shall be attached.
3. In the process of examination and prosecution, when the defense lawyer needs to collect materials related to the case from the victim or his close relatives or witnesses provided by the victim, he shall apply to the people's procuratorate, and only after obtaining the permission of the people's procuratorate can he investigate and collect evidence.
4. When investigating and collecting evidence, the defense lawyer may stop the investigation if he finds that the evidence will adversely affect the criminal suspect.
Verb (abbreviation of verb) Investigation and evidence collection in the trial stage
1. At the trial stage, defense lawyers can investigate and collect evidence by themselves or apply to the people's court for investigation and collection of evidence.
2. At the trial stage, if the defense lawyer thinks that the evidence materials collected by the public security organs and the people's procuratorates to prove the innocence or light crime of the criminal suspect have not been transferred with the case, he may apply to the people's court for transfer, and shall submit a written application and provide relevant clues or materials.
3. At the trial stage, when a defense lawyer needs to collect materials related to the case from the victim or his close relatives or witnesses provided by the victim, he shall apply to the people's court. With the permission of the people's court, he may investigate and collect evidence, or apply to the people's court to let the victim testify in court.
4. If the witness or the relevant unit or individual has any objection to the collection and collation of evidence materials related to this case by the defense lawyer, the defense lawyer may apply to the people's court for collection and collation, or apply to notify the witness to testify in court.
I hope that through the above contents, you will have a deeper understanding of some related issues in the investigation and evidence collection procedures of defense lawyers. If your situation is complicated,