In the case of entrusting a lawyer, the lawyer will generally investigate and collect evidence for the parties in order to better safeguard the legitimate interests of the parties in the litigation process. So what is the scope of lawyer's investigation and evidence collection stipulated by law? Bian Xiao will give you a detailed answer below.
What are the scope of lawyers' investigation and evidence collection?
1, evidence investigation
According to the principle of "who advocates and gives evidence" in the Civil Procedure Law and Several Provisions on Evidence in Civil Procedure, we accept the entrustment of the parties in civil cases to investigate and collect relevant litigation and non-litigation evidence in a planned way.
2. Intellectual property investigation
Investigate and deal with cases of infringement of trademark rights, patents, copyrights, trade secrets and other intellectual property rights. Assist in finding out the source of pirated books, audio-visual products and software, investigate the production dens of fake and shoddy products, obtain corresponding evidence, crack down on fake and shoddy products and protect intellectual property rights.
3. Investigate the whereabouts of the property of the person subjected to execution.
According to "Provisions of the Supreme People's Court on Several Issues Concerning the Execution of People's Courts (Trial)", we accept the entrustment to help creditors find missing enterprises and evade debtors. Assist the court in investigating, executing and tracing the property and accounts hidden or transferred by the person subjected to execution, and safeguard the legitimate rights and interests of creditors.
4, enterprise credit survey
Business reputation investigation, bad record search, partnership background, operating status, financial status, product information, business credit investigation, field investigation to prevent business fraud (including business infringement investigation, contract fraud investigation and performance ability investigation).
5. Personal credit survey
Personal banking (growth experience, family situation, personal hobbies, etc. ) and personal asset credit survey. In-depth field survey of employment qualifications: education survey, personal reputation survey, personal qualification survey and employee loyalty survey.
6. Anti-unfair competition investigation
Investigate and collect evidence of all infringements such as counterfeit goods, false advertisements, slander and commercial fraud.
7, real estate property rights, use survey.
8. Investigation on marital infidelity
According to the principle of "fault compensation" in the Marriage Law, the client is entrusted to collect evidence of marital infidelity and the whereabouts of property.
9. Specific surveys
According to the needs of the client, conduct legal investigation on specific affairs.
Second, the legal basis for lawyers to investigate and collect evidence
Article 61 of the Civil Procedure Law
Lawyers and other agents ad litem have the right to investigate and collect evidence, and may consult relevant materials of this case. The scope and methods of consulting relevant materials in this case shall be stipulated by the Supreme People's Court.
Article 41 of the Criminal Procedure Law
The defender believes that
During the period of investigation, examination and prosecution, if the evidence materials collected by public security organs and people's procuratorates to prove the innocence or minor crimes of criminal suspects and defendants have not been submitted, they have the right to apply to the people's procuratorates and people's courts for retrieval.
After serving as a defense lawyer for criminal suspects and defendants, he has certain rights to investigate and collect evidence. However, when exercising this right, they should also strictly abide by the provisions of relevant laws and conduct investigation and evidence collection within the scope of the law. However, if the evidence is obtained by illegal means, it will generally be considered as unprovable. Let me sort out the scope and content of lawyers' investigation and evidence collection.