Legal basis: Article 35 of the Lawyers Law of People's Republic of China (PRC). According to the needs of the case, the entrusted lawyer may apply to the people's procuratorate or the people's court for collecting and obtaining evidence or to the people's court for notifying 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.
Article 43 of the Criminal Procedure Law of People's Republic of China (PRC) * * * Defence lawyers may, with the consent of witnesses or other relevant units and individuals, 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.