1, lawyers for evidence investigation is not legally mandatory. Article 45 of the criminal procedure law: "the people's court, the people's procuratorate, the public security organs have the right to the relevant units and individuals to collect and retrieve evidence. The relevant units and individuals shall truthfully provide evidence."
From the provisions of the "shall truthfully provide evidence" of the content of the public, the prosecution and the law of the investigation and evidence collection is mandatory. There is no provision for lawyers have the right to compulsory evidence. Lawyer's investigation and evidence collection behavior is only a visit with the nature of the activities, not mandatory.
2, the lawyer's right to criminal investigation and evidence collection favors the collection of evidence in favor of the defendant. In accordance with the legal duties, lawyers for evidence investigation, should not look for and collect evidence against the defendant,
This is easy to confuse the lawyer's duty to defend, and act as a prosecutor's role, lawyers should be from the perspective of the legitimate rights and interests of the parties to the collection of suspects, the defendant's innocence, or mitigate the crime or reduce, exempted from the criminal responsibility of the facts and reasons.
3, lawyers investigate the evidence obtained by the material, must be investigated and verified by the court, can be used as evidence. Lawyers investigate the evidence obtained can not be directly as the basis of the court, must be in the court investigation process, after questioning witnesses, the two parties to determine the validity of the evidence after questioning and so on.
Lawyers in criminal cases in the process of evidence investigation, including access to file materials, meet with the defendant, investigation visit and participate in the court investigation, which effective exercise of the right to request an investigation is the lawyer's evidence investigation of the necessary means. Criminal defense lawyer's evidence investigation is the lawyer's business basic skills, must pay attention to the art and skill of evidence investigation.
Extended information:
Legitimate, meticulous principle
(1) lawful, refers to the agent of the lawyer to collect evidence should be in accordance with the "lawyers law", "civil procedure law" and other laws and regulations. " and other laws and regulations of the relevant provisions. Lawful collection of evidence is to ensure that the evidence has the premise of proof. Illegal collection of evidence can not be used as
The basis of the case. Collect evidence legally, mainly in the following aspects:
First of all, the lawyer to the relevant units or individuals to investigate and collect evidence, should be investigated to the unit or individual to show the "lawyer's license" and "lawyer investigation letter" or "lawyer investigation special certificate", and explain the intention of, and at the same time, must be told to the investigated person should be truthfully provide evidence.
Secondly, the investigation should be noted: the name of the person under investigation, gender, age, occupation, address, contact information, etc.; investigator's name, gender, age, where the law firm; investigation of the year, month, day, the investigation of the location; investigation should be handed over to the person investigated, and finally signed by the person investigated, or stamped.
Once again, copy the materials of the unit under investigation, should be handed over to the supervisor to verify and stamp their unit seal: indicate the year, month, day; and attached to the investigator (acting attorney) of the certificate. Finally, the investigation and collection of evidence from witnesses shall not be carried out by unlawful means such as threats, enticement and torture.
(2) meticulous, refers to the acting lawyer in the process of investigation and evidence collection, to be meticulous and conscientious, can not act sloppily, to collect or extracted with the proof of the case has a direct causal relationship between the various evidence. For example, when the witness answered the questioning of the content of the ambiguous, the lawyer should be clear and detailed questioning, ask the case with a direct causal relationship, and make a simple, clear record.
Investigation and extraction of evidence, should be based on the original; if there are difficulties in extracting the original, you can extract the replica; on the possibility of deterioration, destruction of physical evidence, should take appropriate measures to preserve. The documentary evidence should also be collected and extracted from the original; submitted to the court, the first copy, the court trial and then submit the original of the documentary evidence, etc..
Baidu Encyclopedia-Investigation and Collection of Evidence