(1) to the criminal suspect or defendant. From the day when the criminal suspect is interrogated for the first time by the investigation organ or compulsory measures are taken, he has the right to meet and understand the case and obtain the confession and defense of the criminal suspect.
(2) the judicial organ that undertakes the same case. Since the date of case review and prosecution, lawyers have the right to consult, extract and copy the litigation documents and case files related to the case. 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. Lawyers have the right to apply to the people's courts and procuratorates for investigation and evidence collection.
(3) to other witnesses. Defense lawyers have the right to investigate and collect evidence from witnesses and relevant units, but to collect materials related to this case from victims, their close relatives and witnesses provided by victims, they should apply to the people's court, and with the permission of the people's court, they should investigate and collect evidence with the permission of the people's court.
2. Civil (or administrative) cases
(1) Basic information of the other party. Investigate the basic information of the other party, such as natural name, address and other identity information; Organizational information such as the name, domicile and person in charge of a legal person (including companies, enterprises, institutions, government agencies and non-governmental organizations).
(two) to investigate and collect evidence from witnesses and relevant units. According to the law, all units and individuals who know the case have the obligation to testify in court, and lawyers have the right to investigate and collect evidence from witnesses or relevant units.
(3) Implementation case. In the execution stage of a civil case, inquire about the property information of the person subjected to execution. Lawyers have the right to investigate the bank account, securities fund account, house, vehicle and other property information of the person subjected to execution.
(4) Infringement investigation in intellectual property cases. Lawyers have the right to investigate and confirm the facts of infringement of intellectual property rights (copyrights, trademarks and patents).
(5) Anti-unfair competition investigation. In anti-unfair competition cases, lawyers investigate and collect all evidence of infringement, such as counterfeit goods, false advertisements, libel and commercial fraud.
(6) Investigation of marital fault. In divorce dispute cases, investigate whether one party has an "extramarital affair" or secretly transfers the property of husband and wife.
3. Appeals
In criminal appeals, civil retrial and appeal cases, lawyers have the right to obtain, consult and copy the litigation files of the first and second instance of this case from the people's court.
4. Due diligence
In non-litigation legal cases, lawyers have the right to investigate personal credit (including personal natural situation, personal assets, education survey, personal reputation, personal qualifications, employee loyalty, etc.). ) and enterprise credit (including business reputation investigation, bad record search, partnership background, operating status, financial status, product information, business credit, such as business infringement investigation, contract fraud investigation, performance ability, etc.). ) related to legal affairs.
Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Article 35 Defenders have the obligation to present materials and opinions to prove the innocence, lighten or reduce criminal responsibility of criminal suspects and defendants according to facts and laws, and safeguard the legitimate rights and interests of criminal suspects and defendants.
Article 36 From the date when the People's Procuratorate examines and prosecutes a case, a defense lawyer may consult, extract and copy the litigation documents and technical appraisal materials of the case, and may meet and correspond 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.