First, do lawyers have to cooperate with the investigation and evidence collection?
Lawyers should cooperate with evidence collection. Lawyers have the right to collect materials related to the case from witnesses or other relevant units and individuals with their consent; With the permission of the people's procuratorate or the people's court, they have the right to collect materials related to the case from the victims, their close relatives and witnesses provided by the victims.
When a lawyer is entrusted to exercise the right of investigation and evidence collection according to law and collect and obtain information related to undertaking legal affairs from the relevant units, he shall produce the following documents and information:
(1) Lawyer's practice certificate;
(2) Power of attorney;
(3) Letter of introduction or legal aid from the law firm.
The letter of introduction or official letter of legal aid issued by a law firm shall be stamped with the seal of the unit, indicating the basic information of the client, the name of the lawyer undertaking legal affairs, the ID number, the practice license number and other information, and indicating the information content to be collected and obtained and the reasons or cases related to undertaking legal affairs.
Relevant legal basis:
According to Article 43 of the Criminal Procedure Law of People's Republic of China (PRC), with the consent of witnesses or other relevant units and individuals, defense lawyers can collect materials related to this case, apply to the people's procuratorate or 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.
Article 62 Anyone who knows the circumstances of a case has the obligation to testify. A person who is physically and mentally defective or young, can't distinguish right from wrong and can't express correctly, can't be a witness.
Second, what is the content of lawyers' investigation and evidence collection?
When accepting entrustment to undertake civil litigation, administrative litigation, arbitration and non-litigation legal affairs, lawyers may collect and obtain information from relevant units according to law, including but not limited to the following contents:
(a) natural person's marriage registration, spouse's basic information, adoption registration and other information, social organizations, foundations, social service institutions and other social organizations registration, administrative punishment and other information;
(2) Insurance information such as the signing of labor contracts by natural persons, payment of social insurance and housing accumulation fund, payment of social insurance by enterprises, and personal and property insurance of natural persons;
(3) Information on the ownership structure, business qualification, articles of association, resolutions of shareholders' meeting, resolutions of the board of directors, list of shareholders, capital contribution, administrative license, administrative punishment, individual industrial and commercial households, etc. ;
(4) Information on real estate and real estate transaction, registration, mortgage and seizure under the name of a natural person or unit, information on ownership registration, mortgage registration and seizure of ships, aircraft and other properties under the name of a natural person or unit, information on motor vehicle registration, compulsory motor vehicle traffic accident liability insurance and commercial insurance under the name of a natural person or unit;
(5) Credit information of a natural person or enterprise;
(6) List of A-level taxpayers and related information, and information on major tax violation cases;
(seven) urban and rural construction planning, construction enterprise qualification information, project approval, filing and other information, project planning permission, land use nature planning and review opinions and other information, project completion, acceptance and other information, planning permission related to the subject matter and other information;
(eight) collective land acquisition, transfer and other information, the nature of state-owned land change and other information;
(nine) the establishment of medical institutions for examination and approval, doctors' license, administrative punishment and other information. ;
(ten) other information related to the legal affairs undertaken or needed to be collected.
When lawyers are entrusted to undertake legal affairs such as civil litigation, administrative litigation and arbitration, they can obtain the household registration address information of natural persons from the public security organs according to law.
To sum up, according to the relevant national laws and requirements, the court investigation order must cooperate. The court shall not refuse to investigate the relevant units. If the other party does not cooperate with the relevant units or departments to investigate and collect evidence, the people can not only order them to perform their obligation of assistance, but also impose fines and detention; If a crime is constituted, criminal responsibility shall be investigated according to law.