The police omitted evidence [public security investigation stage]

During the criminal investigation stage, if there is evidence favorable to the criminal suspect, the lawyer should first apply to the investigation agency to obtain it. It is recommended that the application method be in writing for easy storage.

Secondly, if the evidence is absolutely beneficial to the criminal suspect and there is a risk that it may be lost if it is not retrieved in time, the lawyer can also retrieve it directly. It is recommended that the entire retrieval process be recorded and videotaped and the two of them handle it together, and then report it to the investigation in a timely manner. organ.

Finally, if the above-mentioned evidence is not accepted by the investigative agency, it can be submitted directly to the inspection agency, or you can make images and video materials that reflect the full picture of the evidence and the entire process of extracting the evidence and temporarily store them in your own place, and send the copied materials to the public security agency. , the procuratorial organ, while fulfilling the lawyer's legal obligation to collect evidence, effectively protect the legitimate rights and interests of the parties.

At the same time, please note that if the lawyer discovers evidence that is detrimental to the suspect or defendant, he can neither investigate and collect evidence nor apply to the investigation agency for investigation and evidence collection.

If it is difficult to judge whether a piece of evidence is favorable or unfavorable to a suspect, it should be treated with caution. Once the unfavorable evidence is applied for by a lawyer, and the investigation agency collects evidence that leads to a situation that is unfavorable to the suspect, it violates the "Criminal Procedure Law of the People's Republic of China ". Lawyers should provide criminal suspects and defendants with materials and opinions on whether they are innocent or guilty."