The evidence does not mean that it is there, just waiting for the judicial personnel to extract it directly. In criminal proceedings, evidence is collected through certain methods. So what are the ways to collect evidence? And what should be paid attention to in the process of obtaining evidence? We are one.
Let's take a look.
1. What are the methods of collecting evidence?
(1) ask. Inquiry means that law enforcement agencies or lawyers ask the parties, witnesses or expert witnesses to state their understanding of the case. Inquiry is a measure and method of obtaining evidence that is often used in any case.
(2) interrogation. Interrogation refers to the method used by law enforcement agencies to ask violators, criminal suspects or criminal defendants to truthfully explain the case. The objects of interrogation are limited to criminals in administrative punishment cases and criminal suspects and defendants in criminal cases. The subject of interrogation is limited to law enforcement agencies, not including lawyers.
(3) recognition. Identification requires the victim or witness to pick out what he has seen and heard from many similar objects, places or people. The subject of identification can be the victim and witness in the case, and the object of identification can be the criminal suspect in the case or the person who has some connection with the case, or the articles or places related to the case.
(4) an inquest. An inquest refers to a special activity in which law enforcement officers come to the scene to find and extract evidence. The subject of inspection is limited to law enforcement agencies, and lawyers have no right to conduct inspections. From the perspective of collecting evidence, on the one hand, the inquest is an important way to find and extract all kinds of physical evidence, on the other hand, the inquest record itself is also one of the types of evidence.
(5) inspection. Inspection refers to the special activities of law enforcement agencies to inspect the personnel related to the case according to law. The object of examination is the body of the living, also called physical examination. Personal inspection record is its main form of evidence.
(6) search. Search refers to the special activities of law enforcement agencies to conduct compulsory search, search and extract evidence materials from places or personnel related to the case according to their functions and powers. The search object can be a place, a person, a car, a boat and other objects. Search is an important way to find and extract all kinds of physical evidence and documentary evidence, and the search record itself is one of the types of evidence.
(7) experiment. Experiment refers to the special activities of law enforcement agencies to simulate and reproduce the crime scene, criminal process or case process, which is mainly applicable to criminal cases. In other kinds of cases, it may be necessary to use this reproducible experimental method to find out the cause of the accident or verify the statements of the parties or witnesses.
(8) Identification. Appraisal refers to the activities of specialized agencies or personnel to use their professional technical knowledge and scientific and technological equipment to detect related special problems and make appraisal conclusions.
Second, what should I pay attention to when obtaining evidence?
(a) should be clear about the direction of evidence collection.
(2) evidence should be collected quickly.
(3) Evidence should be collected objectively and comprehensively.
(4) Evidence should be collected in depth and in detail.
(five) when collecting evidence, we must strictly abide by the statutory authority.
(6) When obtaining evidence, legal procedures should be strictly observed.
(seven) when obtaining evidence, the parties should be kind to their legitimate rights and inform them of the ways to obtain relief.
The above is an introduction to the methods of collecting evidence. At this time, the evidence collected by these methods may not be effective and can be adopted by judges. At this time, it is necessary to review the evidence to see if it meets the requirements of the law for criminal evidence. Of course, there are also some points to pay attention to in the process of collecting evidence, and Bian Xiao also explained them above, hoping to help you. For more relevant knowledge, please consult Linfen lawyer.