(a) the evidence collected by the application for investigation belongs to the archival materials kept by the relevant state departments and must be transferred by the people's court according to its functions and powers;
(two) materials involving state secrets, commercial secrets and personal privacy;
(3) Other materials that the parties and their agents ad litem cannot collect by themselves due to objective reasons.
1. What materials do I need to apply for a lawyer's investigation order?
The materials for applying for an investigation order include an application for an investigation order. The following are the relevant conditions for lawyers to apply for an investigation order:
1. The applicant must be a party to a case accepted by our court or an agent ad litem entrusted by it;
2. The applicant shall submit an application to the people's court, stating the evidence to be collected and the facts to be proved, as well as the reasons why the above evidence cannot be obtained;
3. The holder is the litigation agent of the parties to the case, limited to lawyers who have obtained valid lawyer practice certificates.
Second, the relevant rights of the defendant
Defense is a basic right of criminal defendants. As a right, criminal defendants can defend themselves and have the right to hire defenders to defend them.
Criminal defense lawyers believe that with the expansion of defenders' participation in criminal proceedings, their role in criminal proceedings has become increasingly prominent. Defenders can not only defend criminal defendants in criminal trials, but also provide legal aid to criminal defendants in the prosecution stage and even in the investigation stage. The expanding scope of defenders' participation in criminal proceedings was once considered as an important reason for the "milestone" progress in revision. The expansion of the scope of defenders' participation in criminal proceedings is of great positive significance for strengthening the role of defenders in criminal proceedings and safeguarding the legitimate rights and interests of criminal defendants.
However, the expansion of defenders' participation in criminal proceedings cannot fully explain the development and changes in criminal defense system since modern times, because besides the expansion of participation, the change of criminal defenders' responsibilities is also an important development that cannot be ignored in the defense system. In the traditional defense theory and practice, the defender's responsibility is to put forward materials and opinions to prove the innocence, lightness or reduction or exemption of criminal responsibility of criminal suspects and defendants according to facts and laws, and to safeguard the legitimate rights and interests of criminal suspects and defendants. According to this explanation, criminal defense is only substantive in nature, that is, it is only a refutation and defense activity aimed at problems related to criminal entities. Whether it is to provide materials to prove innocence, to reduce or exempt criminal suspects and defendants from criminal responsibility, or to put forward opinions, criminal defense is only carried out around the legal issues of criminal entities.
Legal basis:
Article 64 of the Civil Procedure Law stipulates that 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.