First, at what stage do lawyers investigate and collect evidence?
The investigation can be carried out in the prosecution stage and the trial stage.
. Article 35 of the Lawyers Law stipulates that
"According to the needs of the case, the entrusted lawyer may apply to the people's procuratorate or the people's court for collecting and obtaining evidence or to the people's court for notifying witnesses to testify in court", and stipulates that "if a lawyer investigates and collects evidence on his own, he may, with the lawyer's practice certificate and the certificate of the law firm, investigate the relevant units or individuals about undertaking legal affairs." This clause does not exclude the right of lawyers to investigate and collect evidence at the investigation stage.
Therefore, lawyers have the right to investigate and collect evidence in the investigation stage according to law. Lawyers can collect evidence to prove the suspect's innocence, light crime and mitigated punishment according to the case provided by the suspect and his relatives and his own analysis of the case, so that the investigation organ or the public prosecution organ can timely and comprehensively investigate the case and put forward opinions in favor of the suspect's investigation and prosecution.
Second, how do lawyers investigate and collect evidence
1. When investigating and collecting evidence, the defense lawyer must show the respondent the special letter of introduction, power of attorney and lawyer's practice license issued by the law firm, and it shall be conducted by two or more people. It may include lawyers from other law firms who are working on this case.
2
When investigating and collecting evidence, the defense lawyer may, with the consent of the respondent, record and video the whole process.
three
When investigating and collecting evidence, defense lawyers shall make investigation records, which shall be signed by investigators, witnesses or representatives of relevant participants such as grassroots organizations, units and judicial organs.
four
When defense lawyers investigate and collect evidence, it is best to have witnesses present, but the following persons shall not be used as witnesses in the investigation and collection of evidence: people who are physically or mentally defective or young, do not have the corresponding ability to distinguish or cannot express correctly; People who have an interest in the case and may affect the fair handling of the case; Staff members of public security and judicial organs who exercise the functions and powers of criminal proceedings such as inquest, inspection, search and seizure, or personnel employed by them;
five
1. Persons who are not competent for witness work due to objective reasons shall be noted in the recording materials, and relevant activities shall be recorded.
3. How long does it take for a lawyer to apply to the court for an investigation order?
There is no uniform legal provision for the lawyer's investigation order system. The investigation order is an exploration carried out by the local court in civil trial practice, which aims to help the parties overcome the lack of ability to collect evidence and expand the means of collecting evidence. Therefore, the investigation order system implemented by local courts is different in the setting of operating procedures, especially in the scope of application, applicable conditions, use norms and requirements. , which may lead to conflicts and obstacles in the cross-regional implementation of the investigation order, and the format of the document is not uniform, which is difficult to be recognized by the society.
The above is the relevant knowledge about when lawyers will investigate and collect evidence. Lawyers can investigate and collect evidence at the stage of examination and prosecution and trial, but they should be careful not to break the law in the process of investigation and collection. If you don't know anything or have other questions, you can consult a lawyer.