The collection of evidence in business investigation is the premise of reviewing and judging evidence, and is the primary work of commercial investigation. Therefore, after the formal launch of the case, the case personnel should be required to take immediate measures and use various methods to investigate and collect various evidence related to the case. In practice, there are various ways to collect evidence in investigation. The author summarizes it into the following five steps based on years of business investigation experience, and makes a brief introduction:
First, analyze the existing evidence materials.
The analysis of the available evidence materials and the preliminary judgment of the case are the basis for making specific arrangements for the follow-up investigation steps. The available evidence may be derived from public reports, questioning of suspicious persons, or from previously handled cases or transfers by other law enforcement agencies. Due to their different sources, the authenticity of existing evidence materials is different, law enforcement personnel need to conduct preliminary screening and analysis according to personal experience and the actual situation of the case, the analysis results are the basis for the development of investigation plan, and directly affect the effectiveness of further investigation and evidence collection.
Second, clarify the task of investigation.
Analysis of available evidence materials is a process of making a preliminary estimate of the case, law enforcement officers may analyze what doubts exist in the case, what facts need to be ascertained, and what evidence needs to be collected and what investigation methods need to be adopted in order to ascertain these facts, so as to clarify the investigation mission. The so-called investigation task refers to the facts of the case that should be ascertained and the evidence and evidentiary materials that should be investigated for this purpose. Clear investigation tasks, investigation and evidence will have a clear direction. In practice, although the common task of investigation and collection of evidence is to find out the facts of the case, the specific investigation task of each case is different.
For example, the same case of unlicensed drug sales, some take the form of retail sales, some take the form of wholesale sales, some individual sales, some gang sales, the specific circumstances vary greatly. Therefore, on the one hand, clear investigation tasks should take into account the general tasks of similar cases, on the other hand, it should consider the focus, doubts, points of contention and key points of the case, and determine specific tasks.
The third is to draw up an outline of the investigation.
After analyzing the required evidentiary materials and determining the investigation tasks, law enforcement officers can put forward the hypothesis of evidence investigation, that is, speculate unknown facts and possible evidence according to the specific investigation tasks and required evidentiary materials. Generally speaking, there are multiple possibilities in any case. On the one hand, law enforcement personnel should consider all possibilities comprehensively, weigh and weigh them, and determine the most likely hypothesis; On the other hand, we should keep an open mind, consider problems from multiple angles and directions, and cannot "go one way to the black", "do not touch the south wall and do not look back". On the basis of the hypothesis of evidence investigation, law enforcement officers can further formulate the investigation outline.
The fourth is to discover and extract evidence materials.
Discovery of evidence is the premise of extracting evidence, law enforcement officers once found evidence materials, should take scientific and legal means to extract as soon as possible. The so-called "scientific" means that the extraction of evidence materials should use scientific methods to maintain the original state of evidence materials, and can not damage the value of evidence due to extraction. The so-called "legal" means that the extraction of evidence materials must be in accordance with the relevant provisions of the law, and can not use illegal means to extract evidence materials. In drug supervision and law enforcement, the methods of extracting evidence materials mainly include: (1) the record extraction method, such as making on-the-spot inspection records or investigation records; (2) Audiovisual extraction method, commonly used is on-site photography; (3) Physical extraction method, applicable to the extraction of physical evidence or documentary evidence that can be moved and easy to move (drugs, related qualifications and bills); (4) Sticky extraction methods, such as photocopying.
Fifth, proper storage of evidence materials.
The collected evidence materials are hard-won, and law enforcement personnel should pay attention to the following issues in custody: (1) To prevent evidence materials from being lost or transferred, stolen or replaced. For example, for counterfeit drugs or medical devices that are not easy to move, the number should be carefully counted, the name, the approval number, the batch number, and so on, and sealed. (2) Protect evidentiary materials from destruction. The evidential power of evidence depends largely on the original nature of the evidence itself, if the original state is destroyed, its evidential power is likely to weaken or lose. For example, the drugs that have been registered and stored in advance have been washed away by rain due to poor storage, and their original status has been blurred, which makes it difficult to prove the facts of the case again, and may also cause state compensation. (3) The procedures for keeping evidentiary materials shall be legal. The transfer of evidentiary materials must have sound procedures and form a complete chain of custody. For example, for drugs that are registered and stored or seized or seized in advance, labels should be made for them, indicating the name or number of the case, the date or place of extraction, the name of the extractor, the main characteristics of the drug, and a detailed list of items should be made.
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