From the perspective of judicial practice, there are mainly the following types of illegal evidence collection: 1, and judicial organs violate legal procedures to collect evidence. The law clearly stipulates who will collect evidence and what procedures to follow when collecting evidence. Collecting evidence in violation of legal procedures is mainly manifested as follows: first, extorting a confession by torture or obtaining evidence by means of threats, seduction and deception; Second, the behavior of obtaining evidence is not standardized; The third is illegal search and seizure; Fourth, the form of obtaining evidence is illegal and imperfect; The fifth is to investigate and collect evidence with illegal evidence materials as clues.
2, the judicial organs beyond their powers or abuse of power to obtain evidence. If some judicial organs violate the provisions of the Criminal Procedure Law on the separation of powers to exercise national criminal judicial power and their respective main functions and powers in the whole criminal proceedings.
As we all know, lawyers must protect the interests of clients. It is also an indisputable fact that the role of lawyers is alienated in real life. Faced with the temptation of money, individual lawyers ignored professional ethics and discipline, tried their best to excuse their clients, and even instructed others to commit perjury, taking advantage of the meeting to help collusion and retraction.
If evidence is obtained by illegal means, it will not only be unusable, but also may constitute a crime.
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 the crime 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.
Legal basis:
Article 56 of the Criminal Procedure Law of People's Republic of China (PRC) should exclude confessions of criminal suspects and defendants collected by illegal methods such as extorting confessions by torture, witness testimony and victim statements collected by illegal methods such as violence and threats. If the collection of material evidence and documentary evidence does not conform to legal procedures and may seriously affect judicial justice, it shall be corrected or a reasonable explanation shall be made; If it cannot be corrected or a reasonable explanation cannot be given, the evidence shall be excluded.