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Rules of electronic evidence collection in criminal cases
When the public security organ obtains material evidence from the relevant units and individuals, it shall be approved by the person in charge of the public security organ at or above the county level and issue a notice of obtaining evidence. After receiving the Notice of Taking Evidence, the unit or individual that has been taken measures shall sign or seal the notice, and if it refuses to sign or seal, the public security organ shall indicate it. The written evidence materials collected and obtained by the public security organs from the relevant units must be signed by the provider and stamped with the seal of the unit; The written evidence materials collected and collected from individuals by public security organs must be signed or sealed by themselves after they are confirmed to be correct. Procuratorial organs may, by virtue of the documents of the people's procuratorate, obtain evidence materials from relevant units and individuals that can prove the guilt or innocence of criminal suspects, and may take photos, videos, make copies and duplicates as needed. Evidence involving state secrets should be kept strictly confidential.

First, the handling of non-cooperation with the organization investigation is as follows:

1, the supervision and inspection department shall order it to make corrections, and the individual may be fined less than 5,000 yuan, and the unit may be fined less than 50,000 yuan. The public security organ may impose administrative penalties on public security according to law;

2, by the anti-monopoly law enforcement agencies shall be ordered to make corrections, individuals can be fined up to twenty thousand yuan, units can be fined up to two hundred thousand yuan;

3. If the circumstances are serious, a fine of more than 20,000 yuan10,000 yuan shall be imposed on individuals, and a fine of more than 200,000 yuan10,000 yuan shall be imposed on units;

4, constitute a crime, shall be investigated for criminal responsibility according to law. Ask the unit where the party concerned belongs or the grassroots organization where the illegal act occurred to assist in the investigation;

5, report to the competent department of land and resources at the next higher level and the people's government at the same level; Request the assistance of public security organs, procuratorial organs, supervisory organs or relevant departments; Inform the society of illegal information.

Two, the six methods of public security investigation and evidence collection are as follows:

1, collect evidence by yourself or entrust a lawyer to investigate and collect evidence. Of course, the enterprise knows its own free trade secrets best, such as the secret points of the information it wants to protect, so it is understandable that the enterprise can obtain evidence at most. However, due to the high demand for evidence in trade secret cases, enterprises may not be able to better grasp the scope and methods of obtaining evidence, so enterprises can choose to hire professional lawyers to help complete the evidence collection work;

2, the notary public notary preservation. Notarization is to record the process of obtaining evidence by the obligee with the credibility of the notary office, seal the obtained evidence in the notary office and submit it to the court as litigation evidence;

3. Apply to the court for evidence preservation. In the case that the evidence may be lost or difficult to obtain later, the participants in the proceedings may apply to the people's court for evidence preservation. The application for pre-litigation evidence preservation shall be made in writing, generally before the expiration of the time limit for adducing evidence;

4. Apply to the court for investigation and evidence collection;

5. Apply to the administrative department for industry and commerce for investigation and evidence collection. When a business secret obligee discovers that a business secret has been infringed, he may apply to the administrative authorities for industry and commerce at all levels for investigation in accordance with regulations;

6, through the public security organs to investigate and collect evidence. The public security organ is the legal organ for investigating cases in China, which has strong investigative power, advanced technical equipment and rich investigative experience, and the state gives it investigative power.

Legal basis:

Criminal Procedure Law of the People's Republic of China

Article 52

Judges, prosecutors and investigators must collect all kinds of evidence that can prove the guilt or innocence of criminal suspects and defendants and the seriousness of the crime in accordance with legal procedures. It is strictly forbidden to extort confessions by torture and collect evidence by threats, enticements, deception or other illegal methods, and no one may be forced to prove his guilt. It is necessary to ensure that all citizens who are related to or know the case have the conditions to provide evidence objectively and fully, and they can be hired to assist in the investigation except in special circumstances.

Article 54

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.

Evidence materials such as physical evidence, documentary evidence, audio-visual materials and electronic data collected by administrative organs in the process of administrative law enforcement and case investigation can be used as evidence in criminal proceedings.

Evidence involving state secrets, commercial secrets and personal privacy shall be kept confidential.

Whoever forges, conceals or destroys evidence, and whoever the evidence belongs to, will be investigated by law.