What are the legal provisions of the Criminal Procedure Law on obtaining evidence?
What are the legal provisions of the Criminal Procedure Law on obtaining evidence? The legal provisions of the Criminal Procedure Law of People's Republic of China (PRC) on obtaining evidence: Article 49: Defenders who believe that the evidence materials collected by public security organs and people's procuratorates in the process of investigation, examination and prosecution to prove the defendant's innocence or light crime have not been transferred with the case shall apply to the people's court for obtaining it, and shall submit it in writing and provide relevant clues or materials. After accepting the application, the people's court shall obtain it from the people's procuratorate. After the people's procuratorate obtains the relevant evidence materials, the people's court shall promptly notify the defender. Article 50 If a defense lawyer applies for collecting materials related to this case from the victim, his close relatives and witnesses provided by the victim, the people's court shall issue an investigation license if it deems it necessary. Article 51 A defense lawyer shall collect and collect evidence materials related to this case from a witness or a relevant unit or individual. If the witness or the relevant unit or individual disagrees, he shall apply to the people's court for collection and collection, or apply to notify the witness to testify in court. If the people's court considers it necessary, it shall agree. Article 52 A defense lawyer directly applies to the people's court to collect and obtain evidence materials from witnesses or relevant units or individuals. If the people's court considers it really necessary to collect and obtain evidence materials, and it is inappropriate or impossible for the defense lawyer to collect and obtain evidence materials, it shall agree. Defense lawyers may be present when the people's court collects and obtains evidence materials. The written evidence materials collected and transferred by the people's court from the relevant units must be signed by the provider and stamped with the seal of the unit; Written evidence collected from individuals must be signed by the provider. The people's court shall issue a receipt for the evidential materials provided by the relevant units and individuals, indicating the name of the evidential materials, the time of receipt, the number of pieces, the number of pages and whether they are original or not, and shall be signed by the clerk or the judge. After collecting and sorting out the evidence materials, it shall promptly notify the defense lawyers to consult, extract and copy, and inform the people's procuratorate. Article 53 An application for the interpretation of the provisions of Articles 50 to 52 shall be made in writing, and the reasons shall be explained, indicating the contents of the evidence materials to be collected and transferred or the outline of the problems to be investigated. The people's court shall, within five days, make a decision on whether to approve or agree to the defense lawyer's application and notify the applicant; If it decides not to approve or disagree, it shall explain the reasons. If a lawyer acts as an agent ad litem and needs to collect and obtain relevant evidence in this case, it shall be implemented with reference to the provisions of Articles 51 to 53 of this Interpretation. In order to fully strive for the legitimate rights and interests of criminal suspects, lawyers can apply to the judicial organs for evidence collection when necessary, and understand the evidence currently held by the judicial organs, so as to better defend criminal suspects. Lawyers need to obtain the permission of the people's court before they can investigate when they obtain relevant evidence materials of criminal suspects and related personnel from the people's procuratorate.