If a lawyer investigates and collects evidence by himself, he may, on the strength of his lawyer's practice certificate and the certificate of the law firm, investigate the situation related to undertaking case affairs with the relevant institutions or individuals. The entrusted lawyer may, according to the needs of 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. Protecting lawyers' right to investigate and collect evidence is the need of building a country ruled by law. A country without a lawyer system and lawyers is not a country ruled by law.
Lawyers have the right to investigate and collect evidence, but they need to do so according to the needs of the case. With the lawyer's practice license and the certificate of law firm, you can investigate the situation related to undertaking legal affairs to the relevant units or individuals. Lawyers' right to investigate and collect evidence is the right of investigation enjoyed by lawyers in the process of practicing activities. The scope of investigation and evidence collection includes evidence investigation, intellectual property investigation, and investigation of the whereabouts of the property of the person subjected to execution.
First, do lawyers have the right to investigate and collect evidence?
Remind you that lawyers have the right to investigate and collect evidence, which needs to be carried out according to the needs of the case. If a lawyer investigates and collects evidence by himself, he can investigate the situation related to undertaking legal affairs with the lawyer's practice certificate and the certificate of the law firm.
Second, what is the lawyer's right to investigate and collect evidence?
Lawyers' right to investigate and collect evidence is the right to investigate, understand the relevant situation and collect and obtain relevant evidence in the process of practicing activities.
What are the scope of lawyers' investigation and evidence collection?
The scope of investigation and evidence collection by lawyers includes:
Evidence investigation. According to the principle of "who advocates and gives evidence" in the Civil Procedure Law and Several Provisions on Evidence in Civil Procedure, we accept the entrustment of the parties in civil cases to investigate and collect relevant litigation and non-litigation evidence in a planned way.
Intellectual property investigation. Investigate and deal with cases of infringement of trademark rights, patents, copyrights, trade secrets and other intellectual property rights. Assist in finding out the source of pirated books, audio-visual products and software, investigate the production dens of fake and shoddy products, obtain corresponding evidence, crack down on fake and shoddy products and protect intellectual property rights.
Investigate the whereabouts of the property of the person subjected to execution.
Enterprise credit survey. Business reputation investigation, bad record search, partnership background, operating status, financial status, product information, business credit investigation, field investigation to prevent business fraud (including business infringement investigation, contract fraud investigation and performance ability investigation).
Personal credit survey. Personal banking (growth experience, family situation, personal hobbies, etc. ) and personal assets credit survey. In-depth field survey of employment qualifications: education survey, personal reputation survey, personal qualification survey and employee loyalty survey.
6. Anti-unfair competition investigation. Investigate and collect evidence of all infringements such as counterfeit goods, false advertisements, slander and commercial fraud.
7. Investigation on real estate property right and use.
8. Investigation on marital infidelity. According to the principle of "fault compensation" in the Marriage Law, the client is entrusted to collect evidence of marital infidelity and the whereabouts of property.
9. Specific investigation. According to the needs of the client, conduct legal investigation on specific affairs.
It is of great significance to improve the right of defense lawyers to investigate and collect evidence. Perfection is not only conducive to safeguarding the substantive rights of defense lawyers, safeguarding the legitimate rights and interests of the parties, promoting the balance between prosecution and defense, and realizing judicial justice and fairness. Special activities and related compulsory measures taken by state organs with the right to investigate and collect evidence to find out the case, collect evidence and detain the violator according to law.
Lawyers have the right to investigate and collect evidence. 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. According to the principle of "who advocates, who gives evidence" in relevant laws, accept the entrustment of the parties in civil cases, investigate, plan and collect relevant litigation and non-litigation evidence.
To sum up, lawyers can investigate and collect evidence according to the case, and it is recommended to consult the local police station or law firm.
Legal basis:
Article 35 of the Lawyers Law:
"The entrusted lawyer may, according to the needs of 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. If a lawyer investigates and collects evidence by himself, he may, with the lawyer's practice certificate and the certificate of the law firm, investigate the situation related to undertaking legal affairs with the relevant units or individuals.