What materials should be submitted to the case handling agency in a timely manner [public security investigation stage]

In criminal cases, the defense is in a naturally weak position from the perspective of power, manpower, financial resources, material resources and other evidence-producing capabilities.

From the perspective of the suspects, there are situations where some do not dare to make excuses when faced with the investigative agencies, and their excuses are ignored or not accepted. From a practical perspective, there are situations where defense witnesses change their testimony after being interviewed by the investigative agency.

In some practices, some defenders will adopt the defense strategy of avoiding the investigative agency's defense strategy by leaving the evidence they have that proves the client's innocence or minor crime until the prosecution or trial stage.

But in fact, for many pieces of evidence that can definitely prove that the parties should not bear criminal responsibility, such as not reaching the age of criminal responsibility, etc., as long as it is submitted to the case-handling agency and verified to be true, the corresponding defense effect can be achieved, and the Criminal Procedure Law also has relevant provisions Regulation. Therefore, defense lawyers should carefully screen relevant evidence. For evidence that is not controversial and can directly prove that the client should not bear criminal liability, FasterLawyer recommends submitting it in a timely manner to protect the legitimate rights and interests of the client to the maximum extent.

The "Criminal Procedure Law of the People's Republic of China" stipulates that defenders must promptly inform the public security organs and the People's Procuratorate of any evidence collected by the defender regarding the suspect's alibi, evidence of a suspect who has not reached the legal age for criminal responsibility, or who is a mentally ill person who is not legally responsible for criminal responsibility. These three types of evidence collected by the defender should be submitted to the case-handling agency in a timely manner. This is not only the defender's obligation, but also the right of the defender to a certain extent, because after submission, the investigation agency and inspection agency will have the obligation to review in a timely manner in accordance with the law. These three types of evidence are directly related to the fundamental issues of guilt and innocence, and whether one should bear criminal responsibility. Defense strategies for such issues should serve the purpose of defense. If the litigation process can be terminated early and coercive measures can be lifted, while maximizing the protection of the legitimate rights and interests of suspects, it will also objectively reduce the resistance and cost of judicial organs correcting errors in the future.