Under what circumstances will an investigation letter be sent?

According to the relevant laws and regulations of our country, the investigation letter refers to the letter sent by the judicial organ to other units to ask them to assist in the investigation according to the needs of the investigation. Judicial organs need to file a case before they can investigate crimes or illegal facts; Therefore, after the judicial organ files a case, it needs to ask other units for assistance before sending an investigation letter.

Investigation letter belongs to the category of practical letter. It is characterized by sending it to the past and sending it back. At present, the most common transmission mode is fax machine, followed by express mail, and e-mail is rarely used (with the continuous improvement of e-government and technology, this mode will be widely accepted and applied). Another way is telephone inquiry, which is a special means in an emergency. No document guarantee, but information guarantee.

According to the needs of investigation, the judicial department sends a letter to other units asking them to assist in the investigation, which is called an investigation letter; That is to say, it is generally a letter between two departments in different places, or a letter from a superior department to a subordinate department asking the other party to assist in the investigation, with a formal reply. The investigation letter issued by the police station is useful, but it can only be used when the public security organ needs to handle the case, otherwise it will infringe on the privacy of citizens. The investigation letter can only be used within the public security organs and will not be distributed to units and individuals outside the public security organs.

In addition, the case investigation letter of the public security organ can only be issued by the case-handling unit after a certain examination and approval procedure according to the case clues, case investigation and specific case handling needs.

You can apply to the court for a letter of assist in the following three situations:

The evidence collected in the application investigation belongs to the archival materials kept by the relevant state departments and transferred by the people's court according to the requirements of its functions and powers;

Materials involving state secrets, commercial secrets and personal privacy;

Other materials that the parties and their agents ad litem cannot collect by themselves due to objective reasons.

Legal basis:

People's Republic of China (PRC) Civil Procedure Law

Article 114 If a litigant participant or other person commits one of the following acts, the people's court may impose a fine or detention according to the seriousness of the case; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Forging or destroying important evidence, which hinders the people's court from hearing a case;

(2) preventing witnesses from testifying by violence, threat or bribery, or instigating, bribing or coercing others to commit perjury;

(3) Hiding, transferring, selling off or destroying the property that has been sealed up or detained, or transferring the property that has been counted and ordered to be kept;

(4) Insulting, slandering, framing, beating or retaliating against judicial personnel, participants in litigation, witnesses, translators, expert witnesses, inspectors and assisting executors;

(5) Obstructing judicial personnel from performing their duties by violence, threat or other means;

(6) Refusing to perform a legally effective judgment or ruling of the people's court.

The people's court may impose a fine or detention on a unit that commits one of the acts listed in the preceding paragraph; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 115 If the parties collude maliciously and attempt to infringe upon the legitimate rights and interests of others through litigation or mediation, the people's court shall reject their request and impose fines and detention according to the seriousness of the case; If a crime is constituted, criminal responsibility shall be investigated according to law.