Article 36 A defense lawyer may provide legal aid to a criminal suspect during investigation; Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Ask the investigation organ about the crimes and cases suspected by the criminal suspect, and put forward opinions.
Article 39 Defenders who believe that the evidence materials collected by public security organs and people's procuratorates to prove the innocence or minor crimes of criminal suspects and defendants have not been submitted have the right to apply to the people's procuratorates and people's courts for retrieval.
Article 42 A defender or other person shall not help a criminal suspect or defendant to conceal, destroy, forge evidence or collude in confession, and shall not threaten or induce witnesses to commit perjury or engage in other acts that hinder judicial proceedings. ?
Article 43 Judges, prosecutors and investigators must, in accordance with legal procedures, collect all kinds of evidence that can prove the guilt or innocence of criminal suspects and defendants and the seriousness of crimes. It is strictly forbidden to extort confessions by torture and collect evidence by threats, enticements, deception or other illegal methods. We must ensure that all citizens who are related to or know the case, except in special circumstances, have the conditions to provide evidence objectively and fully, and can recruit them to assist in the investigation.
Article 44 When a public security organ approves an arrest, a people's procuratorate brings a suit and a people's court makes a judgment, it must be faithful to the facts. Anyone who intentionally conceals the truth shall be investigated for responsibility.
Article 45 People's courts, people's procuratorates and public security organs have the right to collect and obtain evidence from relevant units and individuals. The relevant units and individuals shall truthfully provide evidence.
Evidence involving state secrets shall be kept confidential. Whoever forges, conceals or destroys evidence, and whoever the evidence belongs to, will be investigated by law.
Extended data:
According to the different contents and forms of litigation, litigation activities can be divided into three parts: criminal litigation, civil litigation and administrative litigation. Among them, criminal proceedings refer to litigation activities conducted by judicial organs (people's courts), procuratorial organs (people's procuratorates) and investigation organs (public security organs including state security organs, etc.). With the participation of the parties and participants in the proceedings, the criminal responsibility of the defendant shall be solved in accordance with legal procedures.
2. Evidence preservation refers to the measures taken by judicial organs to fix evidence according to law in order to maintain its authenticity and probative force. When the information that can be used as evidence in a lawsuit may disappear or be difficult to obtain later, the judicial organ may take preservation measures in advance according to the application of the participants in the lawsuit or ex officio to ensure the authenticity of the evidence. China's criminal procedure law stipulates that judicial organs have the right to take various measures to collect and obtain evidence, and properly keep or seal the seized articles and documents. ?
References:
Baidu encyclopedia-criminal proceedings