How to obtain material evidence of criminal cases
1, check, check. An inquest is an activity in which judicial personnel inspect and examine places and articles related to a case in the course of litigation, so as to discover, collect and verify evidence.
2. search. According to the provisions of the Criminal Procedure Law: "In order to collect criminal evidence and catch criminals, investigators can search the bodies, articles, residences and other relevant places of criminal suspects and people who may hide criminals or criminal evidence." However, because search is a very serious legal act, it is related to citizens' personal rights and property interests, especially in criminal proceedings, which involves the protection of human rights. Therefore, it is necessary to strictly control the application, strictly follow the procedures prescribed by law, especially the strict examination and approval procedures, make records in accordance with the law during the search, and make a seizure list during the search.
3. Seizure. Seizure is usually carried out at the same time as inquest, inspection and search. It is a special investigation activity for law enforcement agencies to temporarily detain items related to the case according to law. Seizure of material evidence is mainly applicable to criminal proceedings. In civil litigation and assisting law enforcement, seizure is usually only a compulsory measure. As the seizure in criminal proceedings is related to citizens' real rights, it must be carried out in accordance with the procedures stipulated in the Criminal Procedure Law, especially for all kinds of seized items, or frozen deposits and remittances, once they are found to be irrelevant to the case, they must be released and frozen within 3 days and returned to their original owners.
Legal basis: Article 68 of the Civil Procedure Law of People's Republic of China (PRC).
The parties concerned shall provide evidence of their claims in time.
The people's court shall, according to the litigant's claim and the trial of the case, determine the evidence that the litigant should provide and its time limit. If it is really difficult for the parties to provide evidence within the time limit, they may apply to the people's court for an extension of the time limit, and the people's court shall extend the time limit appropriately according to the application of the parties. If a party fails to provide evidence within the time limit, the people's court shall order it to explain the reasons; If the people's court refuses to explain the reasons or the reasons cannot be established, it may reject the evidence according to different circumstances, or accept the evidence but admonish it and impose a fine.