Criminal procedure law
Article 42 The evidence collected by the defender that the criminal 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, shall promptly inform the public security organ and the people's procuratorate.
Article 43 With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to this case from them, or 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 testify in court.
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 witnesses provided by the victim, the defense lawyer may collect materials related to the case from them.
Extended data:
First, criminal defense lawyers investigate and collect evidence, which is extremely risky. In the investigation stage, lawyers must follow the following basic principles when assisting investigators to obtain favorable evidence:
1, objective and true.
Faced with all kinds of evidence clues and information, lawyers need to have a unique vision, rich social experience and judicial work experience to identify their authenticity. Evidence clues or information provided by lawyers to investigators must be objective and true; Only in this way can it be adopted by reconnaissance agencies and avoid bringing legal risks to themselves.
2. Conducive to criminal suspects.
After obtaining evidence clues or information, lawyers should make legal judgments on them, and if it is conducive to the conviction and sentencing of criminal suspects, they should submit them in time. On the contrary, it violates the provisions of the Criminal Procedure Law and the professional ethics of lawyers.
Article 37 of the Criminal Procedure Law is the responsibility of a defender to provide materials and opinions on whether a criminal suspect or defendant is innocent or light, or to reduce or exempt his criminal responsibility according to facts and laws, and to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.
Two, lawyers should assist investigators to collect evidence including the following aspects:
1, there is no evidence of time and space conditions for committing crimes.
By meeting the criminal suspect, listen carefully to his defense and judge whether it is true or not; At the same time, relatives and friends of criminal suspects may also have some favorable evidence clues. If it is found that his defense is reasonable and can provide evidence clues to prove that he does not have the time and space conditions for committing a crime, the lawyer should give timely feedback to the investigators, who will investigate and collect evidence.
Lawyers should never investigate and collect evidence by themselves, because lawyers have no right to investigate and collect evidence at the investigation stage, and the collected evidence often has no legal effect because of the lack of legal basis. At the same time, such evidence is extremely risky, and a little carelessness will bring disaster to yourself.
2. Favorable evidence of qualitative impact.
Some evidence is enough to change the nature of reconnaissance agencies. Through this evidence, it can be confirmed that it was originally a misdemeanor such as duty embezzlement, but it was wrongly filed by the reconnaissance organ for investigation as a felony such as corruption. If a lawyer finds such evidence clues, he can first verify them by himself, then give them back to the investigators in time, and then the investigators will investigate and collect evidence.
3. Evidence conducive to sentencing.
In judicial practice, investigators often ignore the evidence collection that is beneficial to criminal suspects' sentencing. Through the meeting, if you know the evidence clues of surrender, meritorious service and other lighter, mitigated or exempted punishment; In the investigation stage, such evidence has legal effect only if it is collected by investigators. Lawyers should give timely feedback to investigators, and then the investigators will investigate and collect evidence.
4, in line with the evidence of bail, residential surveillance.
If the suspect is found to have serious diseases, infectious diseases, pregnancy and other special circumstances, and is not suitable for detention, the lawyer should comprehensively collect relevant evidence information, give timely feedback to the investigators, and the investigators will investigate and collect evidence to protect the legal rights of the suspect to the maximum extent.
References:
The Supreme People's Procuratorate-Criminal Procedure Law