The legal basi for accepting that list of evidence material

Legal analysis: In the process of handling criminal cases, if the relevant units or individuals provide evidence voluntarily, the public security organs will directly issue a List of Evidence Materials for Admitting Letters (hereinafter referred to as the List) in triplicate, indicating the number, name, quantity and characteristics. Evidence materials will be signed by the evidence submitter and the case handler (receiver), indicating the acceptance time and stamped with the seal of the case handler (receiver). It can be seen that in the case of law enforcement by public security organs, the list is a formal legal document and is used normally. However, the list is not clearly included in the Sample of the Criminal Procedure Legal Document Format of the People's Procuratorate, and the document cannot be generated in the unified business application system. Although it is necessary for procuratorial organs to use this document in the stage of criminal case review and prosecution, an unavoidable problem is that the lack of status and unclear nature of the list in the legal document system of procuratorial organs will affect the seriousness, standardization and efficiency of judicial handling to a certain extent.

Legal basis: Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of People's Republic of China (PRC) Article 49 If a defender believes that the evidence materials collected by the public security organs and procuratorates to prove the defendant's innocence or light crime have not been transferred with the case, he shall apply to the court for retrieval, and provide relevant clues or materials. After accepting the application, the court shall ask the procuratorate for it.