1, investigation and evidence collection should be fact-oriented; Don't be subjective
2. Investigators should always grasp the initiative of investigation and evidence collection; Don't be led by the nose by the client.
3. Grasp the fixity of evidence in investigation and evidence collection; Don't forget things, the procedures are irregular.
4. Around the main line of illegal activities, collect evidence carefully and appropriately; Don't make a distinction between primary and secondary, and discard this as the end.
5. The obtained evidence should be clear and closely linked, and strive to confirm each other; Avoid isolation, one-sidedness and contradiction.
Extended data
Investigation and evidence collection refers to the organization or individual that has the right to investigate and collect evidence from the relevant units and individuals in order to find out the facts of the case. State organs with the power to investigate and collect evidence include public security and procuratorate.
Principles of investigation and evidence collection
1, the principle of centering on the rights claimed by the client.
The purpose of civil litigation is to solve the disputed facts between the original defendant and the defendant, and to solve the dispute, there must be evidence to prove it. Only by investigating and collecting evidence around the disputed facts, and the evidence thus obtained has a direct causal relationship with the disputed facts, can it be proved. Otherwise, it is useless evidence.
2. The principle of objectivity and timeliness
Because Shi Li's case exists objectively, the evidence to prove the facts of the case should also exist objectively. As evidence in litigation, it must be an objective fact. No matter physical evidence, documentary evidence or witness, fictional facts and statements made after speculation and hypothesis can be written as evidence. Therefore, in the process of investigation and evidence collection, lawyers must pay attention to collecting and collecting evidence that is directly causal or objectively related to the disputed facts.
3, the principle of legal and meticulous
Lawyers should collect evidence in accordance with the Lawyers Law, the Civil Procedure Law and other laws and regulations. Collecting evidence legally is the premise to ensure the probative force of evidence. Illegally collected evidence cannot be used as evidence. Meticulousness means that in the process of investigation and evidence collection, attorneys should be careful and not careless, and collect or extract all kinds of evidence that have a direct causal relationship with the case. For example, when the content of the witness's answer to the inquiry is ambiguous, the attorney should carefully examine the question, ask the content that has a direct causal relationship with the case, and make a simple and clear record. When investigating and extracting evidence, the original materials should be given priority to; If it is really difficult to extract the original, you can extract a copy; Corresponding preservation measures shall be taken for the material evidence that may deteriorate or be destroyed. The original documents should also be collected and extracted; When submitting to the court, a copy should be submitted first, and the original documentary evidence should be submitted at the trial.