Evidence collection process
1, material evidence, documentary evidence, audio-visual materials and electronic data (including the above-mentioned evidence obtained from administrative organs) collection procedures. The investigation organ shall, with the approval of the person in charge of the case-handling department, issue a notice to the relevant units and individuals to obtain the above evidence. The transferred unit or individual shall stamp or sign the notice, and if it refuses to stamp or sign, the public security organ shall indicate it. When necessary, the content of evidence and the process of obtaining evidence shall be fixed by means of audio or video recording. As a unit or an ordinary citizen, the investigation organ shall first require the case-handling personnel (two or more) to show their work permits, the examination and approval procedures of the department heads, and the notice of obtaining evidence. If the above procedures are complete, it shall be allowed to transfer, otherwise it has the right to refuse. In the case of obtaining evidence, it is necessary to sign the Notice of Obtaining Evidence for confirmation.
2, the victim's statement, witness testimony collection procedures. Require more than two people to obtain evidence; The place of obtaining evidence may be the residence of the witness, the work unit, the office of the investigation organ, the office of the procuratorate or the place designated by the witness, and witnesses in other places have the right to refuse. If the witness is at the scene of the incident, it can be done at the scene. When taking evidence at a witness's residence or unit, the investigators shall produce the supporting documents. Violence, threats and other acts that seriously interfere with the freedom of expression of witnesses shall not be taken. Faced with such violence and threats, witnesses can refuse to testify and have the right to expose and accuse. After the witness's testimony is confirmed to be correct, there must be a witness's autograph or fingerprint; Witnesses may also request written testimony; For witnesses who have no reading ability, they should read out the contents of the transcript to them, sign or press their fingerprints after confirming that it is correct; For witnesses who are not familiar with the local language, translators shall be provided; For deaf-mutes, there should be people familiar with deaf-mute gestures present, and the names, work units and occupations of the participants should be indicated in the transcripts; Witnesses should be questioned separately.
3. Procedures for collecting confessions and excuses of criminal suspects and defendants: The procedures are complete, including showing work permits, summoning cards or summoning cards. However, if a criminal suspect is found on the spot, he may be summoned orally. The place of summons and compulsory summons: first, the location of the criminal suspect designated by the investigation organ; The second is the residence of the suspect; Third, the office of the investigation organ; After detention, it can only be carried out in the detention center, and it is strictly forbidden to take the suspect out of the detention center for interrogation; After a criminal suspect or defendant is detained in a detention center, the statement made outside the detention center is invalid.
The investigation organ shall, from the date of the first interrogation or compulsory measures, inform the criminal suspect that he has the right to entrust a lawyer; Those who have financial difficulties or meet other conditions for legal aid shall be informed of their right to apply for legal aid, and the government will provide them with free defense lawyers; During the first interrogation, the investigation organ shall also inform the criminal suspect that truthful confession can be treated leniently; It should be informed that if asked questions irrelevant to the case, the interrogated person has the right to refuse to answer. Criminal suspects and defendants have no obligation to prove their guilt, nor are they forced to testify against themselves, but they have the obligation to answer truthfully.
The time for summoning or subpoenaing shall not exceed 12 hours. If the case is particularly serious and complicated and it is necessary to take detention or arrest measures, it shall not exceed 24 hours with the approval of the head of the department; No criminal suspect may be detained in disguised form by continuous summons or compulsory summons; During the period of summons, detention and interrogation, the suspect must be guaranteed food and necessary rest time; When summoning, coercing or interrogating a criminal suspect, it is strictly forbidden to use illegal means such as extorting a confession by torture, threatening or luring to exclude confessions obtained by extorting a confession by torture. If the investigation organ violates the above provisions and infringes upon the legitimate rights and interests of the criminal suspect or defendant, it may prosecute according to law or be represented by a lawyer.
4. Procedures to be followed in the inquest and inspection: the inquest and inspection shall be conducted by two or more persons, and the object of investigation refers to the places related to the crime; Inspection is aimed at people, bodies or objects. At the scene of investigation, a criminal crime scene investigation certificate shall be held, and citizens unrelated to the case shall be invited as witnesses; When exploring the site, the site must be photographed, the site map drawn and recorded, and signed by the participants and witnesses. The scene of a major case shall be videotaped. Physical examination of women should be conducted by female staff or doctors. The inspection records shall be signed by the investigators, inspectors, inspected personnel and witnesses who participated in the inspection. If the inspected refuses to sign, the investigator shall indicate it in the record.
5. Appraisal procedure: According to the law, appraisal should be conducted under the auspices of investigators. The investigators responsible for the appraisal shall not be less than two. When several recognizers recognize the same object, they should recognize it separately. When recognizing, the recognized object should be mixed with other objects with similar characteristics, and no hint should be given to the recognizer. When identifying a criminal suspect, the number of people to be identified shall not be less than seven; There shall be no less than ten photos to identify the criminal suspect; When identifying articles, there shall be no less than five mixed articles of the same kind. When a specific identification object, such as a place or a corpse, is identified, or the identifier can accurately describe the unique characteristics of the article, the number of foils is not limited. When the identification of a criminal suspect is unwilling to be made public, it can be carried out without exposing the identifier, and it should be kept confidential. The appraisal process and results shall be recorded and signed by investigators, witnesses and witnesses. When necessary, the identification process shall be recorded or videotaped.
6. Investigation experiment procedure: it must be approved by the person in charge of the public security organ at or above the county level; The investigation experiment should be recorded and signed by the participants. When necessary, the investigation and experiment process should be recorded or videotaped. All dangerous, insulting or immoral behaviors are prohibited when conducting investigations and experiments.
7. Procedures for collecting expert opinions. First of all, the appraisal invitation letter must be made with the approval of the person in charge of the public security organ at or above the county level; Investigators shall not force or imply the appraiser to make some appraisal opinions; To ensure the identity and non-pollution of the materials submitted for inspection; The expert opinion shall be informed to the criminal suspect and defendant, who have the right to request supplementary expert evaluation or apply for re-expert evaluation.
Evidence refers to the basis for determining the facts of a case in accordance with the rules of procedure. Evidence is of great significance for the parties to carry out litigation activities, safeguard their legitimate rights and interests, find out the facts of the case according to law and make correct judgments. The problem of evidence is the core of litigation. The trial of any case needs to reproduce and restore the true face of the incident through the evidence chain formed by evidence and evidence, and the judgment based on sufficient evidence can be a fair judgment. At present, the academic research on evidence system has formed a special discipline, which is called evidence science or evidence law.
The above is my answer to this question. It is necessary to strictly limit the collection of evidence by investigation organs to ensure procedural justice and thus ensure the realization of substantive justice. For different types of evidence, the collection procedures stipulated by law are also different.