Article 34 An entrusted lawyer shall have the right to consult, extract and copy the litigation documents and files related to the case from the date when the case is examined and prosecuted. 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.
Article 35 An entrusted lawyer may, according to the needs of a case, apply to a people's procuratorate or a people's court to collect and obtain evidence, or apply to a people's court to notify a witness to testify in court.
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.
Criminal Procedure Law 1 Article 36: A defense lawyer may consult, extract and copy the litigation documents and technical appraisal materials of the case from the date when the people's procuratorate examines and prosecutes the case, and may meet and correspond with the criminal suspect in custody. Other defenders, with the permission of the People's Procuratorate, may also consult, extract and copy the above-mentioned materials, and meet and correspond with criminal suspects in custody.
Since the people's court accepted the case, the defense lawyer can consult, extract and copy the materials of the alleged criminal facts in this case, and can meet and correspond with the defendant in custody. With the permission of the people's court, other defenders may also consult, extract and copy the above materials, and meet and correspond with the defendant in custody.
Article 37 With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to this case from them, or 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 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.
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2. Article 44 A defense lawyer shall collect and collate materials related to this case from witnesses or other relevant units and individuals, and if the witnesses, relevant units and individuals disagree, he shall apply to the people's court for collection and collation. If the people's court deems it necessary, it shall agree.
3. Article 45 A defense lawyer directly applies to the people's court to collect and collect evidence. If the people's court considers it inappropriate or impossible to collect and collect evidence from witnesses or other relevant units or individuals, it shall agree if it is really necessary.
When the people's court collects and obtains evidence according to the application of a defense lawyer, the applicant may be present.
The evidence collected and obtained by the people's court according to the application of the defense lawyer shall be copied and transferred to the applicant in time.
4. Article 46 When applying in accordance with the provisions of Article 43, Article 44 and Article 45, paragraph 1 of this Interpretation, a defense lawyer shall submit an application in writing, explain the reasons for the application and list the outline of the issues to be investigated.