How to collect evidence

The methods of collecting evidence are:

1, go ahead. Inquiry means that law enforcement agencies or lawyers ask the parties, witnesses or expert witnesses to state their understanding of the case. Inquiry is a measure and method of obtaining evidence that is often used in any case;

2. Interrogation. Interrogation refers to the method used by law enforcement agencies to ask violators, criminal suspects or criminal defendants to truthfully explain the case. The objects of interrogation are limited to criminals in administrative punishment cases and criminal suspects and defendants in criminal cases. The subject of interrogation is limited to law enforcement agencies, excluding lawyers;

3. identify. Identification requires the victim or witness to pick out what he has seen and heard from many similar objects, places or people. The subject of identification can be the victim and witness in the case, and the object of identification can be the criminal suspect or the person who has some connection with the case, or the articles or places related to the case;

4. Interrogation. An inquest refers to a special activity in which law enforcement officers come to the scene to find and extract evidence. The subject of inspection is limited to law enforcement agencies, and lawyers have no right to conduct inspections. From the perspective of collecting evidence, on the one hand, inquest is an important way to find and extract all kinds of physical evidence, on the other hand, inquest record itself is also one of the types of evidence;

5. check. Inspection refers to the special activities of law enforcement agencies to inspect the personnel related to the case according to law. The object of examination is the body of the living, also called physical examination. Personal inspection record is its main form of evidence;

6. search. Search refers to the special activities of law enforcement agencies to conduct compulsory search, search and extract evidence materials from places or personnel related to the case according to their functions and powers. The search object can be a place, a person, a car, a boat and other objects. Search is an important way to find and extract all kinds of physical evidence and documentary evidence, and the search record itself is one of the types of evidence;

7. Experiment. Experiment refers to the special activities of law enforcement agencies to simulate and reproduce the crime scene, criminal process or case process, which is mainly applicable to criminal cases. In other kinds of cases, it may be necessary to use this reproducible experimental method to find out the cause of the accident or verify the statements of the parties or witnesses;

8. identification. Appraisal refers to the activities of specialized agencies or personnel to use their professional technical knowledge and scientific and technological equipment to detect related special problems and make appraisal conclusions.

legal ground

Criminal Procedure Law of the People's Republic of China

Article 50 Evidence and its types of materials that can prove the facts of a case are all evidence.

Evidence includes:

(1) Physical evidence;

(2) Documentary evidence;

(3) Testimony of witnesses;

(4) the victim's statement;

(5) confessions and excuses of criminal suspects and defendants;

(6) Appraisal opinions;

(7) Records of inquests, inspections, appraisals, investigations and experiments;

(8) Audio-visual materials and electronic data.

The evidence must be verified before it can be used as the basis for finalizing the case. Article 52 General Principles of Evidence Collection Judges, prosecutors and investigators must collect all kinds of evidence that can prove the guilt or innocence of criminal suspects and defendants and the seriousness of crimes in accordance with legal procedures. It is strictly forbidden to extort confessions by torture and collect evidence by threats, enticements, deception or other illegal methods, and no one may be forced to prove his guilt. It is necessary to ensure that all citizens who are related to or know the case have the conditions to provide evidence objectively and fully, and they can be hired to assist in the investigation except in special circumstances.