1. How to obtain police station records? What materials are needed?
According to the relevant laws and regulations of our country, the materials that lawyers need to provide when collecting transcripts at the police station include a power of attorney, legal aid letter, lawyer qualification certificate, ID card, etc.
Criminal Procedure Law of the People's Republic of China
Article 39: Defense lawyers may meet and communicate with criminal suspects and defendants in custody. Other defenders may also meet and communicate with criminal suspects and defendants in custody with the permission of the People's Court and People's Procuratorate.
If a defense lawyer requests to meet with a detained criminal suspect or defendant with a lawyer's practicing certificate, law firm certificate, power of attorney, or legal aid letter, the detention center shall arrange the meeting in a timely manner, no later than 48 hours.
In cases of crimes endangering national security or terrorist activities, defense lawyers must obtain permission from the investigation agency to meet criminal suspects in custody during the investigation. The investigation agency shall notify the detention center of the above situation in advance.
Defense lawyers meet with criminal suspects and defendants in custody to learn about the case and provide legal advice. From the date the case is transferred for review and prosecution, relevant evidence can be verified with the criminal suspect or defendant. Defense lawyers are not subject to surveillance when meeting criminal suspects and defendants.
Second, who can be the defender?
According to the provisions of the Criminal Procedure Law, the following persons can serve as defenders for criminal suspects and defendants.
1. Lawyer. Refers to practitioners who have obtained a lawyer's practicing certificate in accordance with the law, accept entrustment or assignment, and provide legal services to parties;
2. Recommended by people's organizations or units where criminal suspects or defendants work;
3. Guardians, relatives and friends of criminal suspects and defendants. "Guardian" refers to a person who is responsible for supervising and protecting the person, property and other legal rights of minors and mentally ill patients, such as parents of minors, spouses of mentally ill patients, etc. The meaning of “relatives and friends” is relatively broad and refers to relatives and friends of criminal suspects and defendants. Relatives here refer not only to close relatives, but also to distant relatives. It is stipulated that "relatives and friends" can serve as defenders, mainly because these people have a certain relationship with the client and are trusted by criminal suspects and defendants.
3. Cannot serve as defender.
According to the provisions of the Criminal Procedure Law, the following persons are not allowed to serve as defenders for criminal suspects and defendants.
1. Persons who are serving probation or probation periods;
2. Persons who have been deprived or restricted of personal freedom in accordance with the law;
3. None Persons with capacity for conduct or persons with limited capacity for conduct;
4. People’s courts, people’s procuratorates, public security organs, national security organs, and prison staff;
5. People’s assessors;
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6. Persons who have an interest in the outcome of the trial;
7. Foreigners or stateless persons.
Note: If the persons in items 4, 5, 6, and 7 above are the defendant's guardian or close relative and are entrusted by the defendant to serve as defenders, they may be allowed.
8. Judges and other staff of the People's Court shall not serve as lawyers or defenders within two years after leaving the People's Court.
9. After leaving the court, judges and other staff of the People's Court shall not serve as defenders in cases heard by the original court, except for those who serve as guardians or close relatives of the defendant.
10. The spouses, children or parents of judges and other staff of the People's Court shall not serve as defenders in cases heard by the courts where they are located, except for those who serve as guardians or close relatives of the defendant.
Therefore, according to relevant Chinese laws, criminal suspects have the right to entrust a lawyer to handle the case when they are first interrogated. After accepting the entrustment, the lawyer can investigate the case.
Then the lawyer has the right to go to the police station to get the transcript. With the relevant procedures and documents, you can obtain the police station transcript through formal procedures.