Cheng Xiaolu, Chair of the Partner Meeting at Beijing Xinglai Law Firm and a member of the Criminal Law Committee of the All China Lawyers Association, delivered a keynote presentation on "How to Conduct Meticulous Evidence Gathering" during the session on May 24 afternoon, which focused on exchanging experiences in 12 key criminal defense skills. She analyzed the reasons why lawyers often fail to conduct thorough investigations and evidence collection, emphasizing the critical importance and value of such efforts. Additionally, she shared insights on identifying potential leads for investigative work, brainstorming innovative approaches to evidence gathering, navigating the crucial stages of evidence collection, and highlighting essential considerations when presenting evidence. She also addressed the standards and best practices for legally collecting and retrieving evidence.

First, investigative evidence gathering is a statutory right granted by the Criminal Procedure Law to lawyers, yet in practice, some lawyers fail to carry it out. The reasons behind this include reluctance, fear, lack of expertise, and even the perception that it’s unnecessary. However, conducting such investigations is essential: prosecution evidence, shaped by their perspective, may inadvertently overlook exculpatory material favorable to the defense. Moreover, investigative efforts play a crucial role in uncovering the truth, safeguarding clients’ rights, and strengthening the defense’s confidence throughout the legal process.

Secondly, there are various ways to gather forensic evidence—such as conducting interviews with parties involved to elicit insights, communicating with their family members, obtaining information from the parties' workplaces, identifying clues during document review, and carrying out on-site visits.

Moreover, there are important considerations during the evidence-gathering phase: carefully assess the risks involved in deciding whom to gather evidence from and how to collect it. During the review-and-prosecution stage, it’s crucial to gather evidence promptly to address uncertainties and changes as the case unfolds. However, whether or not to unconditionally submit exculpatory evidence should be decided after careful deliberation—avoid rushing into a decision.

She also shared important considerations and the scope for gathering witness testimonies, specifically highlighting which witnesses should not be called and which ones can be. If a lawyer is unable or unwilling to obtain evidence from a witness, they may submit a written request for the witness to appear in court or ask the court or the procuratorate to investigate and gather the evidence directly. In response, the relevant authorities must provide a reply, clearly stating their reasons. Additionally, lawyers can apply to the procuratorate to retrieve any evidence that the prosecution has failed to submit, and, if necessary, file a complaint or even lodge an official accusation against the prosecution.

Drawing from her years of hands-on forensic experience, she has identified six effective approaches to unlocking forensic insights—specifically: Background-based forensics, adversarial forensics, offensive forensics, preventive forensics, alternative forensics, and restorative forensics In short, lawyers must not only dismantle the prosecution's evidence but also learn how to build their own robust defense framework—crafting a coherent system of counter-evidence and reconstructing the facts—in order to challenge the judge’s conviction and ultimately sway them with persuasive power.

On the morning of May 25, lawyer Cheng Xiaolu shared her views during a panel discussion on hot topics related to the revision of the Criminal Procedure Law, focusing on remedies for property rights of third parties outside the case and the legal application at the intersection of civil and criminal law.

The two-day business exchange meeting effectively broadened theoretical perspectives and enhanced practical skills. As a member of the Criminal Law Committee of the All China Lawyers Association, Attorney Cheng Xiaolu will seize this opportunity to fully leverage her professional expertise, faithfully fulfill her duties and responsibilities, and further strengthen criminal defense work in the new era. In doing so, she aims to contribute to the ongoing refinement of the criminal justice system and play a vital role in comprehensively building a socialist rule-of-law state.

Layout: Wang Xin

Review: Management Committee