Provisions of criminal procedure law on lawyers' investigation and evidence collection

Legal subjectivity:

The Criminal Procedure Law stipulates that lawyers can meet and correspond with criminal suspects and defendants in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody. If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate, a power of attorney or a letter of legal aid to ask for a meeting with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest.

Legal objectivity:

Article 40 of the Criminal Procedure Law: Defence lawyers may consult, extract and copy the case file from the date when the people's procuratorate examines and prosecutes the case. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate. Article 41 of the Criminal Procedure Law: Defenders have the right to apply to the people's procuratorate or the people's court for the collection of evidence materials to prove the innocence or minor crimes of criminal suspects and defendants collected by public security organs and people's procuratorates in the process of investigation, examination and prosecution. Article 43 of the Criminal Procedure Law: With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to the 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.