A defense lawyer may collect materials related to the case from witnesses or units and individuals related to the case, or apply to the court or procuratorate for obtaining evidence. With the permission of the procuratorate or the court, and with the consent of the victim or his near relatives, the defense lawyer may collect evidence related to the case from him.
A defense lawyer refers to a lawyer who is entrusted by the defendant or appointed by the court to defend the defendant according to law in criminal proceedings. When performing defense duties, defense lawyers must properly defend according to law, and shall not arbitrarily fabricate facts, misinterpret the law, or illegally defend. The defense duty of a defense lawyer is to put forward materials and opinions to prove the innocence or light crime of a criminal suspect or defendant, or to reduce or exempt his criminal responsibility according to specific cases and safeguard the legitimate rights and interests of the criminal suspect or defendant. Its rights mainly include the following points:
1. Providing legal advice to criminal suspects and acting as an agent for complaints and accusations;
2. Apply for bail pending trial for the arrested criminal suspect;
3. If the entrusted matter is illegal, the client uses the services provided by the lawyer to engage in illegal activities, or the client deliberately conceals important facts related to the case, the lawyer has the right to refuse to defend;
4. Since the criminal suspect is interrogated by the investigation organ for the first time or compulsory measures are taken, the entrusted lawyer has the right to meet the criminal suspect and defendant with the lawyer's practice certificate, the certificate of law firm and the power of attorney or the official letter of legal aid to learn about the relevant cases;
5. Lawyers meet with criminal suspects and defendants without being monitored;
6. The entrusted lawyer has the right to consult, extract and copy the litigation documents and files related to this case from the date of case review and prosecution;
7. The entrusted lawyer has the right to consult, extract and copy all materials related to the case from the date when the people's court accepts the case;
8. The entrusted lawyer may, according to the needs of the case, apply to the people's procuratorate or the people's court to collect and obtain evidence or apply to the people's court to notify witnesses to testify in court;
9. A lawyer may, on the strength of his lawyer's practice certificate and law firm's certificate, independently investigate the situation related to undertaking legal affairs with the relevant units or individuals;
10. If a lawyer acts as a defender, his right to defense is guaranteed according to law.
legal ground
Article 43 of the Criminal Procedure Law of People's Republic of China (PRC), with the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to the case from them, or apply to the people's procuratorate or the people's court to collect and obtain evidence; Or apply to the people's court to notify the witness to testify in court.
With the permission of the people's procuratorate or the people's court, and with the consent of the victim or his close relatives or witnesses provided by the victim, the defense lawyer may collect materials related to the case from them.