How the public security organs collect evidence

The investigation and collection of criminal evidence means that during the criminal proceedings, after the public security organs and procuratorial organs discover that a certain unit or individual possesses physical evidence, documentary evidence or audio-visual materials related to the case, they shall, in accordance with legal procedures, The process of requiring units or individuals to provide corresponding physical evidence, documentary evidence or audio-visual materials to the investigative agencies.

According to the provisions of my country's criminal procedure laws, investigative agencies must strictly abide by legal procedures when engaging in relevant investigation activities. Investigative agencies must also strictly abide by relevant legal provisions when engaging in evidence collection.

When public security organs collect physical evidence from relevant units and individuals, they must obtain approval from the person in charge of the public security organ at or above the county level and issue a notice of evidence collection. After receiving the notice of evidence collection, the unit or individual to be collected shall stamp or sign the notice. If the notice is refused, the public security organ shall make a note.

The written evidence materials collected and obtained by the public security organs from relevant units must be signed by the provider and stamped with the seal of the unit; the written evidence materials collected and obtained by the public security organs from individuals must be confirmed by the person Sign or stamp if correct.

The procuratorial organs may, based on the certification documents of the People's Procuratorate, obtain evidence and materials that can prove the guilt or innocence of the criminal suspect from relevant units and individuals, and may take photos, videos, copies and reproductions as necessary. Evidence involving state secrets should be kept strictly confidential.

Extended information:

Article 50 of the "Criminal Procedure Law of the People's Republic of China" (amended on October 26, 2018) stipulates: "Can be used to prove cases Factual materials are evidence. Evidence includes:

(1) Physical evidence;

(2) Documentary evidence;

(3) Witness testimony;

(4) Victim’s statement;

(5) Criminal suspect’s and defendant’s confession and defense;

(6) Expert opinion;

(7) Records of inspection, inspection, identification, investigative experiments, etc.;

(8) Audio-visual materials and electronic data must be verified to be true before they can be used as the basis for finalizing the case. ”

< p>Article 63 of the "Civil Procedure Law of the People's Republic of China" (amended on August 31, 2012) stipulates: "Evidence includes:

(1) Statements of the parties;

(2) Documentary evidence;

(3) Physical evidence;