Article 43 of the Criminal Procedure Law stipulates that, with the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to the case, apply to the people's procuratorate or the people's court for collecting and obtaining evidence, or apply to the people's court for notifying 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. It can be seen that the defense lawyer applied to the people's procuratorate or the people's court for investigation and evidence collection. Related knowledge: In practice, when a party applies to a people's court for investigation and evidence collection, it must have the following evidence: (1) The applicant must be a party or its agent. (2) An application must be submitted. If a party applies to the court for investigation and evidence collection, it shall submit a written application to the court in procedure. The application shall state the name, unit name, domicile and other basic information of the person under investigation, the contents of evidence to be investigated and collected, the reasons to be investigated and collected by the people's court and the facts to be proved. (3) meeting the application time limit. The parties and their agents ad litem shall apply to the people's court for investigation and collection of evidence no later than 7 days before the expiration of the time limit for adducing evidence. (4) Provide necessary evidence clues, which should be substantially related to the evidence. (five) to pay the necessary expenses for the people's court to collect evidence. When the court rejects the application of the parties and their agents ad litem, it shall serve a notice on the parties and their agents ad litem. The notice shall inform the decision not to grant permission and the reasons. The parties and their agents ad litem may, on the third day after receiving the notice, apply in writing to the court that accepted the application for reconsideration. The court should review it once. The court shall make a reply within 5 days from the date of receiving the application for reconsideration. If your situation is complicated, this website also provides online consultation service for lawyers, and you are welcome to make legal consultation.
Legal objectivity:
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. "the Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC)" The defense lawyer applied to collect materials related to this case from the victim, his close relatives and witnesses provided by the victim. If the people's court deems it really necessary, it shall allow it and issue a written investigation license. When a defense lawyer collects and collects materials related to this case from witnesses or other relevant units or individuals, he applies to the people's court for collection and collection because the witnesses, relevant units or individuals disagree. If the people's court deems it necessary, it shall agree. The defense lawyer directly applies to the people's court to collect and obtain evidence. If the people's court considers it inappropriate or impossible for a defense lawyer to collect or obtain evidence from witnesses or other relevant units or individuals, and it is really necessary, it shall agree. When the people's court collects and obtains evidence according to the application of a defense lawyer, the applicant may be present. The evidence collected and obtained by the people's court according to the application of the defense lawyer shall be copied and transferred to the applicant in time. The defense lawyer's application shall be made in writing, and the reasons for the application shall be explained, and the outline of the problems to be investigated shall be listed. Provisions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security, the Ministry of Justice and the Legislative Affairs Commission of the National People's Congress Standing Committee (NPCSC) on Several Issues Concerning the Implementation of the Criminal Procedure Law ""With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to this case from them, or apply to the people's procuratorate or people's court for collecting and obtaining evidence, or apply to the people's court for notifying witnesses to testify in court. "If a defense lawyer applies to the people's procuratorate or the people's court for collecting and obtaining evidence, and the people's procuratorate or the people's court deems it necessary to investigate and collect evidence, the people's procuratorate or the people's court shall collect and obtain evidence, and shall not issue a decision allowing lawyers to collect and obtain evidence.