Do criminal lawyers have the right to investigate and collect evidence?

Legal analysis: 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 this case from him. 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.

Legal basis: Article 35 of the Criminal Procedure Law of People's Republic of China (PRC). If a criminal suspect or defendant fails to entrust a defender due to financial difficulties or other reasons, he or his close relatives may apply to a legal aid institution. To meet the conditions of legal aid, legal aid institutions shall appoint lawyers to defend them. If the criminal suspect or defendant is a mental patient who is blind, deaf, dumb or has not completely lost the ability to identify or control his own behavior, and has not entrusted a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him. If a criminal suspect or defendant may be sentenced to life imprisonment or death without entrusting a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him.

Two articles are added after Article 29 of the Decision of the National People's Congress on Amending the Criminal Procedure Law of People's Republic of China (PRC) as Articles 37 and 38: 1 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 inform witnesses that with the permission of the People's Procuratorate or the People's Court, and with the consent of the victims or their close relatives or witnesses provided by the victims, defense lawyers may collect materials related to this case from them. "2." Article 38 Defense lawyers and other defenders shall not help criminal suspects and defendants to conceal, destroy or forge evidence or make collusion, nor shall they threaten or induce witnesses to change their testimony or commit perjury or engage in other acts that hinder judicial proceedings. "Those who violate the provisions of the preceding paragraph shall be investigated for legal responsibility according to law."