According to the provisions of Article 33 of China's Lawyers Law, the entrusted lawyer has the right to meet the criminal suspect and the defendant with the lawyer's practice certificate, law firm certificate, power of attorney or legal aid letter from the day when the criminal suspect is interrogated for the first time by the investigation organ or compulsory measures are taken to learn about the relevant cases. Lawyers are not monitored when they meet criminal suspects and defendants.
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 witnesses 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.
According to the provisions of Article 36 of China's Criminal Procedure Law, defense lawyers can 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 can meet and communicate 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 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.
According to "the Supreme People's Court on implementation"
Article 43 If a defense lawyer applies for collecting materials related to this case from the victim, his close relatives and witnesses provided by the victim, the people's court shall grant it and issue a written investigation permit if it deems it necessary.
Article 44 Where a defense lawyer collects and collects materials related to this case from a witness or other relevant units or individuals, and the witness, relevant units or individuals do not agree, he applies to the people's court for collection and collection. If the people's court deems it necessary, it shall agree.
Article 45 A defense lawyer shall directly apply to the people's court to collect and obtain evidence. If the people's court considers it inappropriate or impossible for a defense lawyer to collect or obtain evidence from witnesses or other relevant units or individuals, and it is really necessary, it shall agree.
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.
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.