First, how do lawyers investigate and collect evidence
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 specific matters needing attention in investigation and evidence collection
1, investigation and evidence collection should be fact-oriented; Don't be subjective
2. Investigators should always grasp the initiative of investigation and evidence collection; Don't be led by the nose by the client.
3. Grasp the fixity of evidence in investigation and evidence collection; Don't forget things, the procedures are irregular.
4. Around the main line of illegal activities, collect evidence carefully and appropriately; Don't make a distinction between primary and secondary, and discard this as the end.
5. The obtained evidence should be clear and closely linked, and strive to confirm each other; Avoid isolation, one-sidedness and contradiction.
Third, lawyers' investigation and evidence collection.
(1) function
1. Lawyers are not legally required to investigate evidence.
2. Lawyers' right to collect evidence in criminal investigation focuses on collecting evidence beneficial to the defendant.
3. The evidence obtained by the lawyer's investigation must be verified by the court before it can be used as evidence.
(2) Law
1. The Lawyers Law of People's Republic of China (PRC) is referred to as the Lawyers Law. Article 35 An entrusted lawyer may, according to the needs of a case, apply to a people's procuratorate or a people's court to collect and obtain evidence, or apply to a people's court to notify witnesses to testify in court. 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.
2. People's Republic of China (PRC) Criminal Procedure Law. Article 36 From the date when the People's Procuratorate examines and prosecutes a case, a defense lawyer may consult, extract and copy the litigation documents and technical appraisal materials of the case, and may meet and correspond with the criminal suspect in custody. Other defenders, with the permission of the People's Procuratorate, may also consult, extract and copy the above-mentioned materials, and meet and correspond with criminal suspects in custody. Since the people's court accepted the case, the defense lawyer can consult, extract and copy the materials of the alleged criminal facts in this case, and can meet and correspond with the defendant in custody. With the permission of the people's court, other defenders may also consult, extract and copy the above materials, and meet and correspond with the defendant in custody.
3. Article 37 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that, with the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to the case from them, apply to the people's procuratorate or 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.
The above is about how lawyers investigate and collect evidence. When lawyers investigate and collect evidence, they must investigate according to the corresponding legal provisions in order to obtain the corresponding evidence. If you have other legal questions, welcome to the online legal consultation platform, and online lawyers will give you professional answers.