Lawyers have the right to investigate and collect evidence. According to the needs of the case, entrusted by the parties, lawyers may apply to the people's procuratorate or the people's court for collecting and obtaining evidence or for notifying witnesses to ask questions and testify. In addition, lawyers can also investigate and collect evidence by themselves, and investigate relevant units and individuals with the lawyer's professional certificate and the certificate of the law firm. Therefore, if the defendant's relevant information has a significant impact on the nature and outcome of the case, then the lawyer has the right to obtain the defendant's relevant information through application or self-investigation and evidence collection. A lawyer can obtain the personal identity information of the other party with the notice of case acceptance. Lawyers have the right to investigate and collect evidence by themselves, and only need "two certificates". When meeting a criminal suspect or defendant, it is necessary to have a lawyer's practice certificate, a certificate from a law firm, a power of attorney or a letter of legal aid. However, although there are clear provisions in the law, it is generally difficult for lawyers to obtain evidence on their own, and defendants are often unwilling to cooperate. If criminal cases are involved, lawyers may have to bear their own personal risks. First of all, the court examines whether the application of the parties meets the legal requirements, so as to decide whether to investigate and collect evidence ex officio. In the rules of evidence, the provisions on the court's authority to obtain evidence are vague, and people who are obviously not qualified take a evasive attitude. Once the application is decided by the court, the parties have no other remedy. ?
How to retrieve the identity information of the defendant?
If the residential address is different from the household registration location, it is difficult to find identity information simply by knowing the place of residence. You can check with your friends in the Public Security Bureau. This is more convenient. If you simply seek this information from the law firm, the general law firm can't answer it. A lawyer usually represents the whole case, so his job is to get it?
To sum up, the lawyer entrusted by the plaintiff generally does not need to investigate and collect the information of the defendant. Because the plaintiff generally knows the basic information of the defendant. It's rare not to know. With the lawyer's card and investigation letter, I can go to the neighborhood Committee and village Committee where the defendant is located and complete the investigation according to law.
Legal basis: According to Article 35 of China's Lawyers Law, the entrusted lawyer may apply to the people's procuratorate or the people's court for collecting and obtaining evidence or to the people's court for notifying witnesses to testify in court according to the needs of the case. If a lawyer investigates and collects evidence by himself, he may, with the lawyer's practice certificate and the certificate of the law firm, investigate the situation related to undertaking legal affairs with the relevant units or individuals.