Applying for an investigation order is a legal procedure put forward by the defendant, defender, public prosecution organ, victim or other interested parties in a criminal case to the people's court with jurisdiction, aiming at obtaining evidence and protecting their legitimate rights and interests. When applying for an investigation order, a lawyer may file an application on behalf of the defendant or other interested parties, but it does not have to be filed by a lawyer.
To apply for an investigation order, the following conditions must be met:
1. The facts and evidence that need to be investigated in a case must be related to the case and have a direct or indirect relationship with the judgment of the case;
2. The parties applying for an investigation order must be participants in the proceedings, that is, the plaintiff, the defendant, the third party and other litigation subjects;
3. The parties applying for an investigation order must provide preliminary evidence related to the case, such as documentary evidence, physical evidence and witness testimony;
4. The parties applying for an investigation order must explain the specific contents, sources and possible ways of obtaining the facts and evidence to be investigated, as well as the time limit for collecting the evidence.
The procedure for applying for an investigation order is as follows:
1. Application: The defendant, defender, public prosecution agency, victim or other interested parties may apply to the people's court with jurisdiction to ask the court to issue an investigation order and obtain relevant evidence;
2. Review the application: After receiving the application, the court will review the application to ensure that the application meets the legal provisions and procedural requirements. If the application meets the requirements, the court will issue an investigation order requesting the relevant authorities or individuals to provide evidence;
3. Obtaining evidence: After receiving the investigation order, the relevant authorities or individuals need to cooperate to provide evidence. If the evidence needs to be protected, the court may require confidentiality;
4. Findings: The collected evidence will be submitted to the court for review and evaluation. If the evidence is conclusive, the court will serve as an important basis for hearing criminal cases.
To sum up, the application for investigation order needs to meet certain legal provisions and procedural requirements, otherwise the application may be rejected. In addition, those who apply for an investigation order need to bear certain legal responsibilities, and if the application is false or suspected of abusing their rights, they may face corresponding legal consequences.
Legal basis:
Article 67 of the Civil Procedure Law of People's Republic of China (PRC)
The parties have the responsibility to provide evidence for their claims.
The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case.
The people's court shall comprehensively and objectively examine and verify the evidence in accordance with legal procedures.