For lawyers to investigate and obtain evidence has the following provisions:
"Chinese people's **** and state lawyers law" referred to as "lawyers law"
Article 35 of the commissioned lawyers in accordance with the needs of the case, may apply for the people's procuratorate, people's court to collect, retrieve evidence, or apply for the people's court to inform the Witnesses to testify in court.
Lawyers investigate and obtain evidence on their own, with a lawyer's practice certificate and the law firm, can be investigated to the relevant units or individuals related to the legal affairs.
"Chinese people's **** and state criminal procedure law"
Article 36 of the defense lawyers from the people's procuratorate on the case of examination and prosecution date, may consult, excerpts, copy the case of the litigation documents, technical appraisal materials, can with the detained suspects to meet and correspond. Other defenders, with the permission of the people's procuratorate, may also inspect, extract and copy the above materials, and may meet and correspond with the criminal suspect in custody.
Defense attorneys may, from the date the people's court accepts the case, inspect, excerpt and copy the materials of the criminal facts alleged in the case, and may meet and correspond with the defendant in custody. Other defenders, with the permission of the people's court, may also inspect, extract and copy the above materials, and meet and correspond with the defendant in custody.
Article 37 A defense counsel may, with the consent of witnesses or other relevant units and individuals, collect from them materials relating to the case, or apply to the people's procuratorate or the people's court to collect or retrieve evidence, or apply to the people's court to notify the witnesses to appear in court to testify.
Defense counsel, with the permission of the people's procuratorate or the people's court, and with the consent of the victim or his or her close relatives, or of the witnesses provided by the victim, may collect from them materials relevant to the case.
Expanded
Principles of investigation and evidence collection
Principles around the rights claimed by the client
Civil litigation to solve the plaintiffs and defendants of the existence of the disputed facts, and to solve the dispute, it must be proved by evidence. Only the investigation and evidence around the disputed facts, the evidence obtained therefrom and the disputed facts have a direct causal relationship, only has the power to prove. Otherwise, it is useless evidence.
Objective, timely principle
Because the case Li fact is objective, so the evidence to prove the facts of the case should also be objective. As litigation evidence, must be the objective existence of the facts. Whether physical evidence, documentary evidence or human evidence, can not be fictional facts and speculation, assumptions resulting from the statements written as material as evidence.
To this end, the lawyer in the process of investigation and evidence collection, must pay attention to collect, retrieve and disputed facts have a direct causal relationship or objective correlation of evidence.
Legal, meticulous principle
(1) lawful, refers to the collection of evidence should be in accordance with the "lawyers law", "civil procedure law" and other laws and regulations of the relevant provisions. Lawful collection of evidence is to ensure that the evidence has the premise of proof. Illegal collection of evidence can not be used as
The basis of the case. Collect evidence lawfully, mainly in the following aspects: first of all, the lawyer to the relevant units or individuals to investigate and collect evidence, should be investigated to the unit or individual to show the "lawyer's license" and "lawyer's letter of investigation" or "lawyer's investigation of the special certificate", and explain the intention of the investigation, and at the same time, must be told to the investigated person should be truthfully provide evidence.
Secondly, the investigation should be noted: the name of the person under investigation, gender, age, occupation, address, contact information, etc.; investigator's name, gender, age, where the law firm; investigation of the year, month, day, the investigation of the location; investigation should be handed over to the person investigated, and finally signed by the person investigated, or stamped.
Once again, the copy of the investigated unit's materials, should be handed over to the supervisor to verify and stamped with the official seal of its unit: indicate the year, month, day; and attached to the investigator (acting attorney) of the certificate. Finally, the investigation and collection of evidence from witnesses shall not be carried out by unlawful means such as threats, enticement and torture.
(2)
Meticulous, means that the acting attorney in the process of investigation and evidence collection, should be meticulous and conscientious, can not act sloppily, to collect or extracted with the proof of the case has a direct causal relationship between the various evidence.
such as, when the witness answered the questioning of the content of the ambiguous, the lawyer should be clear and detailed questioning, and the case has a direct causal relationship with the contents of the question, and make a simple, clear record.
Investigation and extraction of evidence, should be based on the original; if there are difficulties in extracting the original, you can extract the replica; on the possibility of deterioration, destruction of physical evidence, should take appropriate preservation measures. Documentary evidence should also be collected and extracted from the original; submitted to the court, the first copy, the court trial and then submit the original of the documentary evidence.
Reference:
Baidu Encyclopedia-Investigation of evidenceReference:
Baidu Encyclopedia-Lawyer's right to investigation of evidence