There are two ways to save general transcripts.
1 is the computer saving, that is, 1 10 is the computer saving in the command center, which is generally eliminated after half a year.
2. It is the police officer's card written by 1 10 in the hands of the police. This time can be longer. If 1 10 police do not solve the problem on the spot, but take the person concerned to the police station, the alarm record of the police station will be kept permanently.
First, how to obtain the transcript of the police station? What materials are needed?
According to China's relevant laws and regulations, lawyers need to provide materials such as power of attorney, legal aid official letter, lawyer qualification certificate, ID card, etc.
Second, who can be a defender?
According to the provisions of the Criminal Procedure Law, the following persons can act as defenders of criminal suspects and defendants.
1, lawyer. Refers to the practitioners who have obtained the lawyer's practice certificate according to law, accepted the entrustment or assignment, and provided legal services for the parties;
2, people's organizations or criminal suspects and defendants recommended by the unit;
3. Guardians, relatives and friends of criminal suspects and defendants. "Guardian" refers to the person who is responsible for the supervision and protection of the person, property and other legal rights of minors and mental patients, such as parents of minors and spouses of mental patients. The meaning of "relatives and friends" is relatively broad, referring to the relatives and friends of criminal suspects and defendants. Relatives here refer not only to close relatives, but also to distant relatives. It is stipulated that "relatives and friends" can be used as defenders, mainly considering that these people have a certain relationship with the client and are trusted by criminal suspects and defendants.
Third, can not act as a defender.
According to the provisions of the Criminal Procedure Law, the following persons may not act as defenders of criminal suspects and defendants.
1, the person who is executing or is in the probation period of probation or parole;
2. Persons deprived or restricted of personal freedom according to law;
3. Persons without capacity or with limited capacity;
4. People's courts, people's procuratorates, public security organs, state security organs and prison staff;
5. People's jurors;
6. People who have an interest in the trial result of this case;
7. Foreigners or stateless persons.
Note: The above-mentioned persons in items 4, 5, 6 and 7 may be allowed if they are guardians or close relatives of the defendant and are entrusted by the defendant to act as defenders.
8. Judges and other staff members of the people's court shall not act as lawyers as defenders within two years after leaving the people's court.
9. After leaving the court, judges and other staff members of the people's court may not act as defenders of cases tried by the court of first instance, except as guardians or close relatives of the defendant.
10. Spouses, children or parents of judges and other staff members of the people's courts shall not act as defenders of cases tried by their courts, except as guardians or near relatives of the defendants.
Therefore, according to the relevant laws of China, the suspect has the right to entrust a lawyer to handle the case when he is interrogated for the first time. A lawyer can investigate the case after accepting the entrustment. Then the lawyer has the right to go to the police station to get the transcript. With the relevant procedures and documents, you can get the transcript of the police station through formal procedures.
4. What is the difference between on-site records and inspection records?
In the course of litigation, the on-site record is provided by the defendant to the court as evidence of the defendant's specific administrative act. "Administrative Procedure Law" stipulates that the record of inquest and on-site record are both a form of evidence. But in fact, there is a difference between the two:
1, and their production subjects are different. The record of the inquest shall be made by the staff of the administrative organ or the judges of the court; On-site transcripts can only be made by administrative organs.
2. The facts reflected by the two are different. The record of inquest is a record that reflects the objective situation after investigating, inspecting, measuring, photographing and drawing the places, articles and places related to the case in the course of administrative procedures and litigation, generally after the case occurs; On-the-spot record is the administrative organ's record of the on-site situation of law enforcement. Generally, it is a dynamic fact, reflecting the situation at the time of taking notes.
3. The time stages of production are different. Records of inspection made in the course of administrative litigation; On-site transcripts are made when specific administrative actions are taken.
4. They contain different contents. On-site transcripts may include transcripts of administrative organs interrogating parties who violate administrative regulations, while inquests do not include transcripts of interrogating parties. If a party disagrees with the conclusion of the inquest, it may apply for a new inquest within the time limit for adducing evidence, and the people's court shall decide whether to grant it or not.
Legal basis:
The Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC)
Article 94 The evidence stipulated in the second paragraph of Article 67 of the Civil Procedure Law that the parties and their agents ad litem cannot collect by themselves due to objective reasons includes:
(a) the evidence is kept by the relevant state departments, and the parties and their agents ad litem have no right to consult or obtain it;
(two) involving state secrets, commercial secrets or personal privacy;
(3) Other evidence that the parties and their agents ad litem cannot collect by themselves due to objective reasons.
Evidence that the parties and their agents ad litem cannot collect by themselves due to objective reasons may apply in writing to the people's court for investigation and collection before the expiration of the time limit for adducing evidence.
People's Republic of China (PRC) Lawyers Law
Article 35 An entrusted lawyer may, according to the needs of a case, apply to a people's procuratorate or a people's court to collect and obtain evidence, or apply to a people's court to notify witnesses to testify in court.
If a lawyer investigates and collects evidence by himself, he may, with the lawyer's practice certificate and the certificate of the law firm, investigate the situation related to undertaking legal affairs with the relevant units or individuals.
People's Republic of China (PRC) Civil Procedure Law
Article 64 Lawyers and other agents ad litem have the right to investigate and collect evidence, and may consult relevant materials of the case. The scope and methods of consulting relevant materials in this case shall be stipulated by the Supreme People's Court.