[Direct answer]In the Beijing area, such requests can be made at all stages of investigation, review of prosecution, and trial. Article 56 of the Criminal Procedure Law of the People's Republic of China stipulates that the confessions of criminal suspects and defendants collected by illegal methods such as torture, and the witness statements and victim statements collected by illegal methods such as violence and threats, shall be excluded; if the collection of physical evidence and documentary evidence does not comply with legal procedures and may seriously affect judicial fairness, they shall be corrected or given a reasonable explanation. If it cannot be corrected or given a reasonable explanation, they shall be excluded. The parties and their defenders and litigation agents have the right to apply to the people's court to exclude evidence collected by illegal methods in accordance with the law. When applying, they shall provide relevant clues or materials. In the courtroom, such requests should generally be made before the pre-trial conference or the start of the court investigation, and the reasons and basis should be explained.

I. Problem Background and Typical Scenarios

The parties involved or their families often allege that the confessions were signed under duress, that the searches were conducted without proper procedures, or that the seizure lists do not match. In such situations, many people simply voice their grievances in court without providing specific applications or evidence, making it difficult for their claims to be reviewed. The exclusion of illegal evidence has clear procedural requirements. How to file the application, when to file it, and what to include directly determine whether the application will be accepted.

II. Key points of dispute

First, what evidence falls within the scope of exclusion. Second, what clues or materials need to be provided in the application. Third, the timing and method of submitting the application. Fourth, how the burden of proof is distributed. Fifth, the remedies available after the exclusion application is rejected.

III. Professional analysis by Henglue Lawyers

Henglue Lawyer reviewed this from an operational perspective. First, exclusion of evidence: Statements collected by illegal methods such as coercive interrogation, and witness testimonies and victim statements collected by illegal methods such as violence and threats should be excluded. If the collection procedures of physical evidence and documentary evidence are illegal, they need to be corrected or reasonably explained, otherwise they will be excluded. Second, clues and materials: The applicant should provide clues or materials regarding the personnel involved in the alleged illegal evidence collection, time, location, methods, and content, such as the inmate physical examination records, injury photos, witness statements from cellmates, and the lack of interrogation audio and video records. If the clues are specific, the court should initiate an investigation. Third, timing of the application: It should generally be raised at the pre-trial conference, and if discovered during the trial, it can be raised before the end of the court investigation. Defense attorneys should intervene as soon as possible to fix the clues in time. Fourth, burden of proof: The prosecution bears the burden of proof for the legality of evidence collection, and needs to present interrogation transcripts, audio and video recordings, physical examination records, etc. If the legality cannot be proven, the relevant evidence may be excluded. Fifth, procedural connection: The court can organize an investigation and hear the opinions of both parties, and if necessary, notify the investigators to appear in court to explain the situation. After the exclusion application is rejected, it is still possible to continue to claim in the second instance and seek remedies through appeal. When handling such cases in the Beijing area, lawyers usually apply for the retrieval of interrogation audio and video recordings and inmate physical examination materials simultaneously.

IV. Practical suggestions and legal basis

Action suggestions: First, entrust a defense lawyer to get involved as soon as possible, and meet and record the injury situation and the process at the first time; Second, collect clues such as the inmate's physical examination, medical records, and the testimony of fellow inmates; Third, submit a written exclusion application to the court, specifying the name of the evidence and the reasons; Fourth, apply for the retrieval of interrogation audio and video recordings, and detention and arraignment records. For matters involving criminal defense and evidence exclusion, you can refer to the relevant provisions of the Criminal Procedure Law of the People's Republic of China.Criminal defense and criminal case filingFor evidence involving personal injury, you can refer to it.Personal injury and medical disputesLegal basis: Articles 56, 57, 58, 59, and 60 of the Criminal Procedure Law of the People's Republic of China (currently in effect), and the relevant provisions on the exclusion of illegal evidence in the Interpretation of the Criminal Procedure Law by the Supreme People's Court. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, it is important to file an application as early as possible, as the earlier the evidence is fixed, the more convincing it will be. Secondly, the application is not about airing grievances. It requires providing specific information about the personnel, time, location, and methods involved. Thirdly, the burden of proof for legality lies with the procuratorial organ, while the applicant is responsible for providing relevant clues. Fourthly, audio and video recordings, as well as medical examination records, are crucial pieces of evidence that must be requested for retrieval. For cases involving the exclusion of illegal evidence and criminal defense, legal assistance can be sought through appropriate channels.Criminal defense and criminal case filingThe service provides a comprehensive solution, which involves the integration of injury information and medical evidencePersonal injury and medical disputesFor cases involving the illegal collection of evidence in administrative procedures, you can refer to the following document for reference:Land expropriation and demolition, and administrative litigationFor any questions regarding difficult situations, you can seek advice from the columnSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: When can I apply to exclude illegal evidence?

It can be raised at all stages of investigation, review and prosecution, and trial. At the trial stage, it should generally be raised before the pre-trial conference or the end of the court investigation, and the reasons should be explained; the earlier it is raised, the more conducive it is for the court to organize the investigation.

Q2: What materials are required for the application?

Clues or materials such as medical examination records, photos of injuries, missing audio and video recordings, and testimonies from inmates should be provided regarding the personnel, time, location, methods, and content involved in the suspected illegal evidence collection. If the clues are specific, the court shall initiate an investigation.

Q3: Who is responsible for proving that the evidence collection is legal?

The procuratorial organs bear the responsibility of proving the legality of evidence collection and need to present interrogation transcripts, audio and video recordings, physical examination records, etc. If the legality cannot be proven, the relevant evidence may be excluded according to law.

Q4: What should I do if my application is rejected?

It can be continued to be claimed in the trial and raised as a procedural violation in the appeal, with a request for the second-instance court to review it. The attorney should keep the application and the court's handling records to provide a basis for subsequent remedies.

Q5: Is it useful to hire a lawyer?

It's very useful. By eliminating the difficulties in applying for a fixed line of evidence, high requirements for document writing and procedural coordination, professional lawyers can meet with clients in time, retrieve materials, and seize application opportunities, significantly increasing the chances of the application being accepted.

The above Q&A is mainly based on judicial practices in Beijing. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Criminal defense legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.