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Consultation question: how to collect evidence?
1. Ask. 2. Interrogation. 3. Identify. 4. Inspection. 5. Check. 6. Search. 7. Experiment. 8. Identification.
(1) Ask. Interrogation means that law enforcement agencies or lawyers require parties, witnesses or experts to state their understanding of the case. Interrogation is a common method to collect evidence in any case.
(2) Interrogation. Interrogation means the way in which the law enforcement authorities require the illegal personnel, the suspect and the defendant to truthfully confess the case. Interrogators are limited to the suspect in the administrative penalty case and the suspect and defendant in the criminal case. The objects of interrogation are limited to law enforcement agencies, not lawyers.
(3) Identification. Identification requires the victim or witness to choose from many similar objects, places or people what he sees and hears. The subject of identification can be the victim and witness of the case. The object of identification can be the suspect or the person who has certain connection with the case, or the goods or places related to the case.
(4) Inspection. Extorting confessions by torture is a special activity for law enforcement officers to find and extract evidence at the scene. The objects of inspection are limited to law enforcement agencies, and lawyers have no right to inspect. From the perspective of collecting evidence, on the one hand, inquest is an important way to discover and extract all kinds of material evidence; On the other hand, the inquest record itself is one of the types of evidence.
(5) Check. Inspection refers to the special activities of law enforcement organs to inspect the personnel involved in the case according to law. The object of examination is living body, also known as physical examination. Personal examination record is the main form of evidence.
(6) Experiment. Search refers to the special activities of the law enforcement organs to carry out compulsory search, search and extract evidence materials on the places or personnel related to the case according to their functions and powers. The object of search can be a place, a person, a car, a ship and other objects. Search is an important way to find and extract all kinds of material evidence and documentary evidence, and the search record itself is one of the types of evidence.
(7) Experiment. Experiment refers to the special activities of law enforcement organs to simulate and reproduce the crime scene, criminal process or case occurrence process, which is mainly applicable to criminal cases. In other types of cases, it may also be necessary to use this reproducibility experimental method to find out the cause of the accident or verify the statements of the parties or witnesses.
(8) Identification. Appraisal refers to the activities of special institutions or personnel using their professional technical knowledge and scientific and technological equipment to inspect relevant special problems and draw appraisal conclusions.