Meaning and function:
Investigation record is a written material made by a lawyer in the process of handling litigation or non-litigation cases in order to understand the situation of the case and investigate the insider or other relevant personnel. The investigation record is one of the main bases for lawyers to determine the facts and nature of the case, and can be cited in court as testimony or documentary evidence. If the content is of great significance, the lawyer may also apply to the court to inform the defendant to testify as a witness.
Key points of production:
(1) title.
1 title. Write "investigation record" in the middle. ② Time and place of investigation. ③ Investigator and recorder. (4) Respondents and people present. State the name, sex, age, nationality, occupation, work unit, residence and relationship with the parties to the case in turn; The people present only write their names, gender, age, nationality, occupation and place of residence.
(2) the text.
A lawyer shall, according to the outline of the questionnaire prepared in advance before the investigation, ask questions to the respondents in a focused and orderly manner, and record the specific questions answered by the respondents and other facts and clues related to the case provided voluntarily.
(3) tail.
Signature of the respondent and the persons present and the date of investigation.
Interrogation record, also known as "interrogation record of witnesses", is a written record of the process and content of questioning witnesses and victims by judicial personnel in criminal proceedings. The interrogation record can be used as evidence. According to the law, interrogation of witnesses and victims should be recorded.
Features:
The interrogation record shall truthfully and completely record the statements of witnesses and victims. The processing method of interrogation record is the same as that of the defendant. It should be verified by witnesses and victims, so that they can correct their mistakes. If a witness or victim requests to write testimony in person, it shall be allowed, and if necessary, the witness or victim may be required to write testimony in person. The order of interrogation transcripts shall conform to the actual interrogation order. Witnesses or victims and interrogators shall sign the interrogation record.
As a record of testimony provided by witnesses, interrogation record has the seriousness of law. At the beginning of the inquiry, the inquirer should preach the provisions of Article 98 of the Criminal Procedure Law of People's Republic of China (PRC), and make the following record in the transcript: "According to the provisions of Article 98 of the Criminal Procedure Law of People's Republic of China (PRC), the inquirer should inform the interviewee that he should truthfully provide documents and testimony, and he should bear legal responsibility if he intentionally perjures or conceals criminal evidence." After being signed, the interviewee shall affix his seal or fingerprint, and each page of the transcript shall also be stamped with a riding seal (or fingerprint).
According to Article 67 of the Criminal Procedure Law, "the questioning of witnesses should be conducted individually", and the transcripts of questioning witnesses should also be recorded separately. The questioning of several witnesses should not be written in one transcript, so it is necessary to record and make transcripts separately.