Legal basis: Article 40 of the Criminal Procedure Law, the defender's right to consult the case file. From the date of examination and prosecution by the people's procuratorate, the defense lawyer may consult, extract and copy the case file materials of this case. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.
Article 41 A defender has the right to apply for investigation and collect evidence. Defenders have the right to apply to the people's procuratorate or the people's court for obtaining evidence materials that prove innocence or minor crimes collected by public security organs and people's procuratorates in the process of investigation, examination and prosecution.
Article 42 Principles of Defender's Handling of Specific Evidence The evidence collected by the Defender that the criminal suspect is not at the scene of the crime, has not reached the age of criminal responsibility, and belongs to a mental patient who is not criminally responsible according to law, shall promptly inform the public security organ and the people's procuratorate.
Article 43 A defense lawyer has the right to investigate and collect evidence. With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to the case from them, 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. 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.