Legal provisions for lawyers to obtain evidence

Investigation and evidence collection is an important part of lawyer's practice. In litigation, the reform of trial mode puts more emphasis on mobilizing the enthusiasm of both parties, and judges tend to play a neutral arbitration role. In this way, whether it is criminal defense or civil or administrative litigation, lawyers' opinions can only be groundless and passively beaten without corresponding evidence. Investigation and evidence collection is one of the important ways for lawyers to obtain evidence. However, investigation and evidence collection has always been a difficult problem for lawyers.

The contents of lawyers' investigation and evidence collection include:

1, evidence investigation. Entrusted by the parties to civil cases, investigate and collect relevant litigation and non-litigation evidence in a planned way;

2. Intellectual property investigation. Can investigate cases of infringement of trademark rights, patents, copyrights, trade secrets and other intellectual property rights. Assist in finding out the source of pirated books, audio-visual products and software, investigate the production dens of fake and shoddy products, obtain corresponding evidence, crack down on fake and shoddy products and protect intellectual property rights;

3. Investigate the whereabouts of the property of the person subjected to execution. Accept the entrustment to help creditors find missing enterprises and evade debtors. Assist the court in investigating, executing and tracing the property and accounts hidden or transferred by the person subjected to execution, and safeguard the legitimate rights and interests of creditors.

1. If there is no direct evidence, but indirect evidence meets the following conditions at the same time, the defendant can be found guilty:

1, the evidence has been verified;

2. The evidence confirms each other, and there are no contradictions and unexplained problems that cannot be ruled out;

3. The evidence of the whole case has formed a complete proof system;

4. According to the evidence, the facts of the case are sufficient to exclude reasonable doubt, and the conclusion is unique;

5. Evidence-based reasoning conforms to logic and experience.

Second, how to judge the lack of evidence of minor injuries?

1. The public security organ may settle the case through mediation. The public security organ shall, after filing the case for investigation, issue a report on the end of the investigation and serve it on both parties, and both parties may conduct persuasion and education. On the premise of both parties' willingness, both parties can write an application for mediation to the public security organ, and on this basis, the public security organ can organize mediation to close the case. This will help to stabilize the mood of both sides and resolve conflicts in time;

2. The victim filed a private prosecution. For ordinary minor injury cases with clear basic facts and sufficient basic evidence, if the public security organ cannot persuade both parties to mediate voluntarily for a while, the public security organ shall inform the victim to file a criminal incidental civil lawsuit with the people's court. After investigation, the public security organ thinks that the evidence of injury is still insufficient, or it is difficult to find out, or it is not considered a crime, it shall inform the victim to bring a civil lawsuit to the people's court and demand the other party to bear civil liability;

3. Implement "limited public prosecution" for special cases. That is to say, for minor injury cases that meet the above general conditions of public prosecution, the case is complex, the social impact or harm is great, and the public security organs have taken compulsory measures against the defendant and can be sentenced to punishment, the public security organs should transfer the cases to the procuratorial organs as soon as possible for public prosecution according to law.

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