1. Lawyers are responsible for investigation and evidence collection?
The law does not fully open lawyers' right to investigate and collect evidence. For the evidence that the parties can't obtain by themselves, lawyers must apply to the court for an investigation order in the lawsuit, and then the lawyers will go to the relevant units with the investigation order to carry out investigation and evidence collection within the scope of the investigation order; Before the litigation begins, lawyers can instruct the parties on how to preserve and collect evidence. The sooner lawyers get involved, the better the preservation and collection of evidence will be. For example, the videos, photos and recordings of the other party and the third party, the records of opening a house with the third party, the self-admission commitment letter and guarantee letter of the other party, the chat content of the driving recorder acknowledging the derailment, the WeChat chat records of both parties, the take-away order of the third party address, and the travel records of both parties. Can be used as evidence, so it is best to confirm each other and form a complete chain of evidence. It should be noted that we should pay attention to the ways and means of obtaining evidence. The right method can get twice the result with half the effort, and the wrong method may infringe on the rights of others. For example, video equipment can be installed in your own home, but not in other people's homes. Finally, even if the evidence is insufficient, it can affect the judge's free evaluation of evidence to some extent.
Is the lawyer in charge of investigation and evidence collection?
Second, the way defense lawyers investigate and collect evidence.
1. Defence lawyers apply to the People's Procuratorate or the People's Court to collect and obtain evidence, or apply to the People's Court to notify witnesses to testify in court;
2. Defence lawyers investigate and collect evidence by themselves;
What are the advantages of lawyers investigating and collecting evidence?
Lawyers' investigation and evidence collection is conducive to the balance of prosecution and defense functions. In modern criminal proceedings, lawyers participate in litigation mainly to ensure the balance of litigation status between the prosecution and the defense. Lawyers stand on the defendant's side and show their strength against prosecutors in court. The evidence obtained by lawyers that has practical influence on the defendant's conviction and sentencing is an important weight to achieve the balance between prosecution and defense;
Finally, it is conducive to enhancing the comprehensiveness and authenticity of the collected evidence. Although the law requires the procuratorial organ to collect both evidence favorable to the defendant and evidence unfavorable to the defendant, in more cases, the prosecutor is concerned about whether the accusation is successful, and it is easy to ignore the collection of evidence favorable to the defendant. At this time, lawyers need to collect these evidences through the process of exercising the right to investigate and collect evidence. At the same time, the investigation activities of defense lawyers can play a supervisory role in the collection of evidence by judicial organs. Avoid illegal evidence from entering court proceedings and being accepted as judgment evidence.
Legal basis:
Article 35 of the Lawyers Law of People's Republic of China (PRC) * * * An entrusted lawyer may, according to the needs of the case, 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. 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.