How do lawyers investigate and collect evidence in criminal cases

1. Lawyers are not legally required to investigate evidence. Article 45 of the Criminal Procedure Law stipulates: "People's courts, people's procuratorates and public security organs have the right to collect and obtain evidence from relevant units and individuals. The relevant units and individuals shall truthfully provide evidence ". Judging from the content of the provision that "evidence should be provided truthfully", it means that the investigation and evidence collection by public prosecutors and legal personnel is mandatory. There is no provision that lawyers have the right to compulsory evidence collection. Lawyers' investigation and evidence collection is only an activity with the nature of visiting, and it is not mandatory.

2. Lawyers' right to collect evidence in criminal investigation focuses on collecting evidence beneficial to the defendant. According to legal duties, lawyers should not seek and collect evidence against the defendant, which will easily confuse lawyers' defense duties and play the role of prosecutors. Lawyers should collect facts and reasons that can prove the innocence, light crime or reduction or exemption of criminal responsibility of criminal suspects and defendants from the perspective of safeguarding the legitimate rights and interests of the parties.

3. The evidence obtained by the lawyer's investigation must be verified by the court before it can be used as evidence. The evidence obtained by the lawyer's investigation cannot be directly used as the basis for the court to finalize the case. The validity of evidence can only be determined by questioning witnesses and cross-examination by both parties during court investigation.

The evidence investigation of lawyers in the process of criminal case representation includes consulting case files, meeting defendants, investigation visits and participating in court investigations, among which the effective exercise of investigation claims is a necessary means for lawyers to investigate evidence. The evidence investigation of criminal defense lawyers is the basic skill of lawyers' business, and we must pay attention to the art and skills of evidence investigation.