Lawyers cannot directly consult the alarm records of public security organs. If it is necessary to bring a lawsuit, it shall apply to the people's court. After the application, the court shall obtain relevant information, and the people's court shall investigate and collect evidence according to the application of the parties. The parties and their agents ad litem may apply to the people's court for investigation and collection of evidence.
What materials do lawyers need to provide when they go to the police station to collect transcripts?
According to China's relevant laws and regulations, lawyers need to provide materials such as power of attorney, legal aid official letter, lawyer qualification certificate, ID card, etc.
The Criminal Procedure Law of People's Republic of China (PRC) stipulates that defense 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.
In criminal cases endangering national security and terrorist activities, defense lawyers should obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. The investigation organ shall notify the detention center of the above situation in advance.
When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide legal advice. From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants.
Who can be a defender?
According to the provisions of the Criminal Procedure Law, the following persons can act as defenders of criminal suspects and defendants.
1, lawyer. Refers to the practitioners who have obtained the lawyer's practice certificate according to law, accepted the entrustment or assignment, and provided legal services for the parties;
2, people's organizations or criminal suspects and defendants recommended by the unit;
3. Guardians, relatives and friends of suspects and defendants. "Guardian" refers to the person who is responsible for the supervision and protection of the person, property and other legal rights of minors and mental patients, such as parents of minors and spouses of mental patients. The meaning of "relatives and friends" is relatively broad, referring to the relatives and friends of criminal suspects and defendants. Relatives here refer not only to close relatives, but also to distant relatives. It is stipulated that "relatives and friends" can be used as defenders, mainly considering that these people have a certain relationship with the client and are trusted by criminal suspects and defendants.
A person who cannot act as a defender
According to the provisions of the Criminal Procedure Law, the following persons may not act as defenders of criminal suspects and defendants.
1, the person who is executing or is in the probation period of probation or parole;
2. Persons deprived or restricted of personal freedom according to law;
3. Persons without capacity or with limited capacity;
4. People's courts, people's procuratorates, public security organs, state security organs and prison staff;
5. People's jurors;
6. People who have an interest in the trial result of this case;
7. Foreigners or stateless persons.
Note: The above-mentioned persons in items 4, 5, 6 and 7 may be allowed if they are guardians or close relatives of the defendant and are entrusted by the defendant to act as defenders.
8. Judges and other staff members of the people's court shall not act as lawyers as defenders within two years after leaving the people's court.
9. After leaving the court, judges and other staff members of the people's court may not act as defenders of cases tried by the court of first instance, except as guardians or close relatives of the defendant.
10. Spouses, children or parents of judges and other staff members of the people's courts shall not act as defenders of cases tried by their courts, except as guardians or near relatives of the defendants.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 40 From the date when the people's procuratorate examines and prosecutes a case, the defense lawyer may consult, extract and copy the case file. 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 Defenders who believe that the evidence materials collected by public security organs and people's procuratorates to prove the innocence or minor crimes of criminal suspects and defendants have not been submitted have the right to apply to the people's procuratorates and people's courts for retrieval.
Article 42 The evidence collected by the defender that the criminal suspect is not at the scene of the crime, has not reached the age of criminal responsibility, and belongs to a mental patient who is not criminally responsible according to law, shall promptly inform the public security organ and the people's procuratorate.