Yes. When entrusted by a lawyer, according to the needs of the case, you can apply to the procuratorate or court to collect and obtain evidence, or apply to the court to notify witnesses to appear in court to testify. If a lawyer investigates and collects evidence on his own, he can handle relevant legal affairs with the relevant unit or individual under investigation with his lawyer's practicing certificate and law firm certificate. Legal Objective:
Article 39 of the "Criminal Procedure Law" stipulates that the defender believes that the information collected by the public security organs and the People's Procuratorate during the investigation, review and prosecution proves that the criminal suspect or defendant is innocent or the crime is minor. If the evidence materials are not submitted, you have the right to apply to the People's Procuratorate or the People's Court to obtain them. Article 40 stipulates that evidence and materials collected by defense lawyers regarding the criminal suspect’s alibi, underage of criminal responsibility, or mental patient who is not criminally responsible according to law shall be reported to the public security organs and the People’s Procuratorate in a timely manner. Article 41 stipulates that with the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to the case from them, and may also apply to the People's Procuratorate or People's Court to collect and obtain evidence, or apply to the People's Court to notify witnesses to appear in court. testify. 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 the witnesses provided by the victim, defense lawyers may collect materials related to the case from them. Compared with the old Criminal Procedure Law, the provisions of the new Criminal Procedure Law regarding lawyers’ right to investigate and collect evidence during the investigation phase do not have any breakthrough. But what we need to pay attention to is: Article 35 of the new Criminal Procedure Law stipulates that the defender’s responsibility is to present materials and opinions that the criminal suspect or defendant is innocent, the crime is minor, or the criminal liability is reduced or exempted based on the facts and law. Safeguard the litigation rights and other legitimate rights and interests of criminal suspects and defendants. Article 40 stipulates that evidence collected by the defender that the criminal suspect is not at the crime scene, has not reached the age of criminal responsibility, or is a mentally ill person who is not criminally responsible according to law shall be reported to the public security organs and the People's Procuratorate in a timely manner. According to the above provisions, it can be seen that 1. The materials submitted by the defender should be understood as evidence, and there is no restriction on the stage of handling the criminal case. That is to say, if the defense lawyer discovers evidence that is beneficial to the criminal suspect during the investigation stage of the case, it can also be investigated taken, this provision is confirmed in Article 40. 2. In other words, during the investigation stage, the defense lawyer can obtain information about the suspect’s alibi, underage of criminal responsibility, and legal status of a mentally ill person. The evidence at the crime scene was that the person had not reached the age of criminal responsibility and was a mentally ill person who was not criminally responsible according to law. 3. Article 33 of the new Criminal Procedure Law stipulates: A criminal suspect has the right to entrust a defender from the day he is first interrogated or takes compulsory measures by the investigation agency; during the investigation, he can only entrust a lawyer as a defender. Since the law gives lawyers the status of defender in the investigation stage, and the right to investigate and collect evidence is one of the important connotations of the right to defend, then as long as it does not affect the normal investigation activities of the investigative agency, the defense lawyer should be given the right to independently investigate and collect evidence to the maximum extent possible. Maintain judicial fairness and ensure that criminal suspects are properly prosecuted.