Legal analysis: defense lawyers can consult, extract and copy the materials of criminal facts accused in this case from the date when the people's court accepts the case. According to the provisions of the Criminal Procedure Law, when a procuratorial organ initiates a public prosecution, it shall submit to the people's court the indictment, the list of evidence, the list of witnesses and the copies or photos of the main evidence with clear allegations. When a private prosecutor brings a suit in a people's court, he shall submit to the people's court relevant evidential materials to prove the defendant's crime, and the defense lawyer may consult, extract and copy them. Other defenders may also exercise this right with the permission of the court. In the process of court trial, defense lawyers believe that some evidence collected by public security organs and procuratorial organs is beneficial to the defendant, which can prove the defendant's innocence or guilt and needs to be presented in court, but the evidence material has not been provided to the court by the procuratorial organs as the main evidence, defense lawyers can apply to the people's court for the evidence material to be transferred from the people's procuratorate. Defence lawyers can meet and correspond with the accused in custody. Defense lawyers can meet and correspond with defendants in custody, listen to their introduction and defense opinions on the case, and at the same time preach the law to them. Other defenders must obtain permission from the people's court to exercise this right. 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. This is the right given to lawyers by law to investigate and collect evidence, and other defenders do not have this right. Lawyers, with the consent of witnesses or other relevant units and individuals, collect physical evidence, documentary evidence, audio-visual materials and witness testimony to prove whether the defendant committed a crime or not. In practice, for various reasons, it is much more difficult for lawyers to obtain evidence than for judicial organs. Witnesses or other units or individuals refuse to meet lawyers, provide evidence to lawyers and refuse to testify from time to time. In view of this situation, the criminal procedure law gives lawyers the right to apply to the people's procuratorate and the people's court for collecting and obtaining evidence and to apply to the people's court for notifying 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. This is also the right given by law to lawyers to investigate and collect evidence, and other defenders do not enjoy this right. However, lawyers are subject to the following restrictions when exercising this right: First, they must obtain the permission of the people's court. Whether the people's court approves it depends mainly on whether the lawyer's investigation and evidence collection will cause harm to the victim and whether it will affect the fair trial of the case. It must be approved by the victim, his close relatives and witnesses provided by the victim.
Legal basis: Article 40 of the Criminal Procedure Law of People's Republic of China (PRC). From the date when the people's procuratorate examines and files the case, the defense lawyer may consult, extract and copy the case file. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.