Yingtai Law Firm is recommended by the Top Ten Criminal Law Firms in Beijing. It has a special team of well-known criminal lawyers, is particularly familiar with the trial practice of Beijing courts, and has rich criminal defense experience.
Code for investigation and evidence collection in criminal cases:
1. There are two ways for defense lawyers to investigate and collect evidence:
(1) The defense lawyer applies to the people's procuratorate or the people's court to collect and obtain evidence, or applies to the people's court to notify witnesses to testify in court;
(2) Defence lawyers investigate and collect evidence.
2 defense lawyers to apply for investigation and evidence collection procedures:
(1) Where a defense lawyer applies to a people's procuratorate or a people's court for the collection and collection of evidence, he shall submit it in writing, explain the reasons, and specify the basic information of the applicant, the contents of the evidence materials to be collected and collected or the outline of the problems to be investigated.
(2) An application for investigation and evidence collection in duplicate, one for the people's procuratorate or the people's court and the other for the law firm.
3. Basic procedures for defense lawyers to investigate and collect evidence by themselves:
(a) defense lawyers to investigate and collect evidence related to the case, should hold the certificate of the law firm, produce a lawyer's practice certificate, generally by two people.
(2) A defense lawyer shall, according to the needs of the case, learn about the case from the witnesses who have testified in the investigation organ or the procuratorial organ, investigate and collect evidence, and verify the evidence. Generally, witnesses should be notified to appear in court and be questioned by the court by applying to the people's court. If the witness cannot testify in court, the defense lawyer shall directly investigate and collect evidence from the witness in strict accordance with the law, and may record or video the process of obtaining evidence or collect evidence from the witness.
(3) When investigating and collecting evidence materials, a defense lawyer may, in order to ensure the authenticity of the evidence materials, invite people irrelevant to the case to witness the case according to the needs of the case.
4. When investigating witnesses, defense lawyers shall make investigation records. The investigation record shall specify the names of the investigator, the respondent and the recorder, the time and place of the investigation, the identity information of the respondent, require the witness to testify truthfully, explain the legal liability for perjury or concealing criminal evidence, and the matters under investigation.
5. When making the investigation record, the defense lawyer shall objectively and accurately record the investigation content and submit it to the respondent for verification. Where the respondent makes amendments or supplements, it shall sign, seal or confirm the amendments by fingerprint. After the investigation record is checked by the respondent, it shall be signed page by page, and the opinion that the record is correct shall be signed on the last page.
6. Defense lawyers shall not mislead or seduce witnesses when making investigation transcripts. Don't write the transcript in advance; The transcripts of criminal suspects, defendants or other witnesses shall not be read to the witnesses first; Do not write testimony for witnesses; Shall not change or increase the contents of the transcript without authorization; When investigating and collecting evidence from different witnesses, they shall be conducted separately; Relatives and friends of the criminal suspect or defendant shall not be present during the investigation and evidence collection.
7. The defense lawyer may apply to the people's procuratorate or the people's court to collect and obtain electronic evidence related to the case.
Defense lawyers can collect and fix electronic data such as e-mail, electronic data exchange, online chat records, blogs, Weibo, WeChat, SMS, electronic signatures, domain names, etc. By copying, printing, screen capture, photographing or video recording, record the time and place of copying, printing, screen capture, photographing and video recording, the storage place of the original storage medium, the source and holder of electronic data, etc. This is necessary.
For the electronic data existing in the storage medium, the original storage medium should be collected as much as possible. Electronic data existing in cyberspace can be extracted by the right party or fixed by notarization.