Lawyers are legal service personnel, lawyers with legal aid, and lawyers who act as defenders and agents ad litem, and they are charged fees according to law. So what are the precautions for lawyers to investigate and collect evidence? Lawyers have the right to investigate and collect evidence, and should pay attention to whether the investigation and collection is legal and what is the subject of the investigation and collection. I. Precautions before investigation and evidence collection 1. Considering the legality of investigation and evidence collection, the Criminal Procedure Law stipulates that the close relatives of the victim and the witnesses provided by the victim should obtain the consent of the procuratorate and the people's court before obtaining evidence. Therefore, before obtaining evidence, we should consider whether it belongs to the witness provided by the victim, especially the witness who has testified in the public security organ. Therefore, applying to the procuratorate or the people's court is the premise for lawyers to obtain evidence. Other witnesses who can apply to the procuratorate for investigation and evidence collection are also advised to apply to the procuratorate first. Although Article 4 1 of the Criminal Procedure Law stipulates that defense lawyers can only obtain evidence with the consent of witnesses, the author suggests that they can apply to the people's procuratorate and the people's court to collect and obtain evidence first, not in a very urgent situation. In some cases of the author, after applying for evidence from the procuratorate, the quantity and quality of evidence obtained by the procuratorate exceeded my expectation; On the other hand, the reply of the procuratorial organ can be investigated and collected by lawyers themselves. In this case, lawyers can do it with confidence. In particular, it should be reminded that in some criminal reconciliation cases, such as rape cases, lawyers are not advised to contact the victims privately, and it is best to obtain the understanding of the victims under the auspices of the judicial organs. This way of obtaining sentencing evidence is better. 2. The main investigator considering investigation and evidence collection must be a lawyer with professional qualifications and an entrusted defender. When the author handled a case of producing and selling fake and inferior products, the prosecutor questioned the legality of a transcript because one of the subjects was not the defender of the case; Investigators should ensure that there are two people. If only one person takes evidence, its legality is easily questioned. The identity of the opposing investigator should also be a practicing lawyer, at least an assistant. If there is no assistant with lawyer qualification to participate in evidence collection, his identity is illegal. If the defendant's family members provide witness clues and go to collect evidence with lawyers, this method of obtaining evidence is even more undesirable and easy to induce witnesses; If it is a female witness, female investigators can be considered in the investigation process, which can narrow the psychological distance on the one hand and facilitate the handling of emergencies on the other. 3. Make a plan for investigation and evidence collection. Before investigation and evidence collection, analyze the purpose of investigation and evidence collection, prepare detailed investigation outline, prepare questions and questioning methods, and avoid rambling when asking questions; Secondly, it is necessary to plan the location of investigation and evidence collection reasonably, avoid crowded and noisy places, try to choose a safe and secret environment to start conversations and dispel the scruples of witnesses. Matters needing attention in investigation and evidence collection 1. Attention should be paid to the psychology of witnesses in the process of investigation and evidence collection. Attention should be paid to establishing communication atmosphere, gaining trust and narrowing the psychological distance with witnesses; Inform the witness of the legal obligation to testify truthfully before obtaining evidence, indicating that it will keep the witness confidential and will not disclose the contents of the evidence to people who have nothing to do with the case; In the process of investigation, pay attention to observe the facial expression and psychological changes of witnesses to ensure the authenticity of their testimony; Finally, find out whether the witness is willing to testify in court, and tell him that he can apply to the judicial organs for witness protection when necessary, so as to dispel the worries of witnesses testifying in court. 2. Pay attention to the legality of investigation and evidence collection. Do a good job of synchronous audio and video recording to ensure that the content of evidence collection is consistent with the content of the transcript; Asking questions in investigation and evidence collection should avoid induced questions and preset questions to prevent the contents of evidence collection from being illegal; When taking evidence, witnesses should avoid the presence of others, especially other witnesses, except the legal guardians of minors or those with guardianship obligations; Finally, the transcript should be signed by the witness page by page, and the altered place should be corrected by fingerprinting; If the witness refuses to sign, the explanation will not relieve his worries. Two lawyers can explain the reasons why the witness refused to sign after recording, and the lawyer will sign and indicate the time. 3. The process of investigation and evidence collection should be planned reasonably. At the beginning of questioning witnesses, we can know the identity of witnesses concisely, show what lawyers want to know after telling legal obligations, guide witnesses into the topic as soon as possible, and control the topic relevance and duration of the conversation. After making a good record, re-examine the record to avoid omissions and try to investigate and collect evidence in one go. 4. Pay attention to obtaining other evidence when investigating and collecting evidence. When investigating and collecting evidence, witnesses often present physical evidence, documentary evidence, e-mail and other evidence to prove it, and lawyers should extract it in time to form an effective evidence chain. First of all, there should be a list of evidence extraction, indicating the types, characteristics, quantity, originals and copies of evidence. Witnesses should write down the pages of the list and sign the list on each page for confirmation; Secondly, according to different evidences, different extraction methods are considered. For documentary evidence, you can consider asking the witness to provide a copy, which will be signed by the witness to confirm the authenticity, and the lawyer will apply to the procuratorate and the court in time to obtain the original evidence afterwards; In case of emergency, if it is really necessary to obtain original evidence immediately, the notary office may take the method of obtaining evidence. The witness holds the original evidence, takes a fixed picture, and at the same time makes a list of evidence extraction, in which the witness indicates the types, characteristics, quantity and other information of the evidence; For electronic evidence, taking photos, outputting and printing, indicating the extracted media, media registration number, extractor and extraction time, the witness will write "This electronic data is provided for me, and it is verified with the original data." When necessary, you can ask the notary office to notarize the extraction. There are many precautions for lawyers to investigate and collect evidence. Lawyers who investigate and collect evidence enjoy this right according to law. When handling criminal cases, we must speak according to the evidence. Only when there is evidence can a conviction decision be made, can a public prosecution be brought to the court, a trial be conducted according to law, and the legitimate rights and interests of the parties and the victims can be safeguarded. In the process of investigation and evidence collection, you should obey the law and don't act at will.