Legal basis: Article 35 of the Lawyers Law of the People's Republic of China. According to the needs of the case, the entrusted lawyer may 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 appear in court to testify.
If a lawyer investigates and collects evidence on his own, he may investigate the situation related to the handling of legal affairs to relevant units or individuals with his lawyer's practicing certificate and law firm certificate.
Article 43 of the "Criminal Procedure Law of the People's Republic of China"* * *With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to the case from them, and may apply to the People's Procuratorate or The People's Court collects and obtains evidence, and may also apply to the People's Court to notify witnesses to appear in court to testify.
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 the witnesses provided by the victim, the defense lawyer may collect materials related to the case from them.
Article 61 of the "Civil Procedure Law of the People's Republic of China" Rights of Agents
Lawyers and other litigation agents have the right to investigate and collect evidence and can access relevant materials on the case. The scope and method of accessing relevant materials in this case shall be prescribed by the Supreme People's Court.