Defense lawyers may, with the consent of witnesses or other relevant units and individuals, collect materials related to the case from the people's procuratorate since the date when the people's procuratorate examines and prosecutes the case, 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.
The basic process of criminal cases is that public security organs accept cases, put on record, investigate, prosecute and try. Details are as follows:
1. The public security organ shall accept criminal cases. After receiving a report of a criminal case, the public security organ shall file a case within 24 hours, and then organize the police to conduct investigation;
2. The stage of case investigation is the stage of public security organs collecting evidence. In the process of case investigation, the public security organ will interrogate the suspect, inspect the scene and collect evidence. After the evidence is collected completely, a public prosecution is brought to the people's court, and the criminal acts of the criminals are tried by the people's court;
3. The basic functions and powers of public security organs in criminal proceedings are: filing, investigating and pre-examining criminal cases according to law; Decide and implement compulsory measures; Failing to pursue criminal responsibility according to law and not filing a case, or having filed a case and revoked it; The case that should be prosecuted after the investigation is completed shall be transferred to the people's procuratorate for examination and decision; If a criminal suspect who is not serious enough for criminal punishment needs administrative treatment, he shall be dealt with according to law or transferred to relevant departments for handling; For criminals sentenced to fixed-term imprisonment, if the remaining sentence is less than three months before delivery for execution, they will execute the punishment on their behalf; Execution of criminal detention, deprivation of political rights and deportation.
To sum up, it is about whether lawyers can collect evidence from witnesses in criminal cases. Lawyers can collect evidence from witnesses, but in this process, they cannot collude with witnesses to commit perjury and help the parties destroy or forge evidence.
Legal basis:
Criminal procedure law
Article 43
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.
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.