The Lawyers Law of People's Republic of China (PRC) is referred to as the Lawyers Law.
Article 35 An entrusted lawyer may, according to the needs of a case, apply to a people's procuratorate or a people's court to collect and obtain evidence, or apply to a people's court to notify witnesses to testify in court.
If a lawyer investigates and collects evidence by himself, he may, with the lawyer's practice certificate and the certificate of the law firm, investigate the situation related to undertaking legal affairs with the relevant units or individuals.
Criminal Procedure Law of the People's Republic of China
Article 36 From the date when the People's Procuratorate examines and prosecutes a case, a defense lawyer may consult, extract and copy the litigation documents and technical appraisal materials of the case, and may meet and correspond with the criminal suspect in custody. Other defenders, with the permission of the People's Procuratorate, may also consult, extract and copy the above-mentioned materials, and meet and correspond with criminal suspects in custody.
Since the people's court accepted the case, the defense lawyer can consult, extract and copy the materials of the alleged criminal facts in this case, and can meet and correspond with the defendant in custody. With the permission of the people's court, other defenders may also consult, extract and copy the above materials, and meet and correspond with the defendant in custody.
Article 37 With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to this case from them, or apply to the people's procuratorate or the people's court to collect and obtain evidence, or apply to the people's court to notify witnesses to testify in court.
With the permission of the people's procuratorate or the people's court, and with the consent of the victim or his close relatives or witnesses provided by the victim, the defense lawyer may collect materials related to the case from them.
Extended data
Principles of investigation and evidence collection
The principle of centering on the rights demanded by customers.
The purpose of civil litigation is to solve the disputed facts between the original defendant and the defendant, and to solve the dispute, there must be evidence to prove it. Only by investigating and collecting evidence around the disputed facts, and the evidence thus obtained has a direct causal relationship with the disputed facts, can it be proved. Otherwise, it is useless evidence.
Principle of objectivity and timeliness
Because Shi Li's case exists objectively, the evidence to prove the facts of the case should also exist objectively. As evidence in litigation, it must be an objective fact. No matter physical evidence, documentary evidence or witness, fictional facts and statements made after speculation and hypothesis can be written as evidence.
Therefore, in the process of investigation and evidence collection, lawyers must pay attention to collecting and collecting evidence that is directly causal or objectively related to the disputed facts.
Principle of legality and prudence
(1) Legality means that lawyers should collect evidence in accordance with the Lawyers Law, the Civil Procedure Law and other laws and regulations. Collecting evidence legally is the premise to ensure the probative force of evidence. Illegally collected evidence cannot be used as
The basis of the final decision. The legality of collecting evidence mainly includes the following aspects: First, when an attorney investigates and collects evidence from relevant units or individuals, he should show the lawyer's practice license, lawyer's investigation letter or special certificate for lawyer's investigation to the investigated unit or individual, explain the purpose, and at the same time, he must inform the investigated person that he should provide evidence truthfully.
Secondly, the investigation record should record: name, gender, age, occupation, address, contact information, etc. The respondent's; The name, gender, age and law firm of the investigator; The year, month, day and place of the investigation; The investigation record shall be submitted to the respondent for verification, and finally signed or sealed by the respondent.
Thirdly, copying the materials of the investigated unit should be verified by the competent personnel and stamped with the official seal of the unit: indicate the year, month and day; And attach the certificate of the investigator (attorney). Finally, investigation and evidence collection from witnesses should not be carried out by threats, deception, torture and other illegal means.
(2)
Meticulousness means that in the process of investigation and evidence collection, attorneys should be careful and not careless, and collect or extract all kinds of evidence that have a direct causal relationship with the case.
For example, when the content of the witness's answer to the inquiry is ambiguous, the attorney should carefully examine the question, ask the content that has a direct causal relationship with the case, and make a simple and clear record.
When investigating and extracting evidence, the original materials should be given priority to; If it is really difficult to extract the original, you can extract a copy; Corresponding preservation measures shall be taken for the material evidence that may deteriorate or be destroyed. The original documents should also be collected and extracted; When submitting to the court, a copy should be submitted first, and the original documentary evidence should be submitted at the trial.
References:
Baidu encyclopedia-investigation and evidence collection
References:
Baidu encyclopedia-lawyer's right to investigate and collect evidence