Can lawyers investigate and collect evidence [public security investigation stage]

The "Criminal Procedure Law of the People's Republic of China" defines lawyers in the investigation stage as defenders, and defense lawyers should enjoy the power of investigation. However, in the investigation stage, the state investigates criminal acts and collects evidence of guilt and innocence, and its power of investigation is exclusive. If the defense lawyer conducts investigations without restraint during the investigation stage and collects and stores relevant evidence, it will definitely make the investigation difficult. Therefore, the current law gives defense lawyers the right to investigate and collect evidence, and also restricts lawyers' rights to investigate and collect evidence.

For example, the "Criminal Procedure Law of the People's Republic of China" stipulates that defenders must promptly notify the public security organs and the People's Procuratorate of evidence collected by the defender regarding the suspect's alibi, those who have not reached the legal age for criminal responsibility, and who are mentally ill persons who are not legally responsible for criminal responsibility. For another example, the witness investigation and evidence collection provided by the defense lawyer to the victim or his close relatives or the victim requires permission from the People's Procuratorate or the People's Court, which is a restriction on the lawyer's right to investigate and evidence collection.

In order to avoid risks in practicing law, it is recommended that lawyers maintain a cautious attitude towards investigation and evidence collection during the investigation stage. If a lawyer conducts investigation and evidence collection on his own to relevant units or individuals, he should try to avoid doing so alone. He should be accompanied by at least one paralegal to carry out the investigation and evidence collection work, and if possible, ask an uninterested third person to accompany him. When conducting investigation and evidence collection, relevant written records must be kept, the entire process of investigation and evidence collection must be recorded completely and accurately, and all persons present participating in the investigation and evidence collection must be signed and sealed. If conditions permit, lawyers can audio and videotape the entire process of investigation and evidence collection, and produce multiple audio-visual materials.

Lawyers need to collect evidence carefully. This does not mean that lawyers cannot conduct corresponding investigations. There is a significant difference between "investigation" and "evidence collection". "Investigation" includes understanding the situation, and also includes evidence collection, while "evidence collection" refers to the collection of evidence. In the investigation stage, as long as it is not the collection of evidence, other people can understand the nature of the case. All "investigations" should be allowed, which is also the proper meaning for lawyers to perform their defense duties. For example, in the investigation stage, when lawyers meet with family members to understand the situation, it is a kind of investigation, and when lawyers meet with criminal suspects to understand the case, it is also a kind of investigation. , the lawyer learns the charges and basic case facts from the investigative agency, which is also a kind of investigation. These investigations are all for the lawyer to understand the case more accurately, find valuable defense points earlier, and better protect the legitimate rights and interests of the parties.

Lawyers should pay attention to standards during the process of investigation and evidence collection, and must not forge evidence or illegally change the content, form or attributes of evidence; during the process of collecting evidence, they should treat evidence materials with an objective and realistic attitude and must not use their own subjective imagination to change the original evidence. Certain forms and contents shall not threaten or induce others to provide false evidence, etc., so as not to affect the investigation agency's comprehensive investigation of the case or the normal conduct of investigation proceedings.