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. This is also the right given by law to lawyers to investigate and collect evidence, and other defenders do not enjoy this right. However, when lawyers exercise this right, they are subject to the following restrictions:
1, which must be approved by the people's court. Whether the people's court allows it depends mainly on whether the lawyer's investigation and evidence collection will cause harm to the victim and whether it will affect the fair trial of the case;
2, must be approved by the victim, the victim's close relatives and witnesses provided by the victim.
Second, how do defense lawyers collect evidence
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. This is the right given to lawyers by law to investigate and collect evidence, and other defenders do not have this right. Lawyers, with the consent of witnesses or other relevant units and individuals, collect physical evidence, documentary evidence, audio-visual materials and witness testimony to prove whether the defendant committed a crime or not.
In practice, for various reasons, it is much more difficult for lawyers to obtain evidence than for judicial organs. Witnesses or other units or individuals refuse to meet lawyers, provide evidence to lawyers and refuse to testify from time to time. In view of this situation, the criminal procedure law gives lawyers the right to apply to the people's procuratorate and the people's court for collecting and obtaining evidence and to apply to the people's court for notifying witnesses to testify in court. For example, if a lawyer asks a person who knows the case to provide testimony and is rejected, he may apply to the people's court for notice to testify in court. Where a lawyer applies to a people's court or a people's procuratorate for the collection and collection of evidence, the people's court or people's procuratorate shall collect and collect the evidence in person.
When a lawyer applies to a people's court or a people's procuratorate to collect and obtain evidence, it is not necessary to collect evidence from witnesses, victims or relevant units or individuals first. Only when it is rejected can he apply to a people's court. If a lawyer thinks that some evidence plays a very important role in the conviction and sentencing of a case, and it is easy to be lost, or it is really difficult for a lawyer to collect and collect, he can directly apply to the people's court or the people's procuratorate for collection and collection.
The answer to your question has been sorted out. The defense lawyer must obtain the consent of the client, the consent of the client's family and the consent of the court. Otherwise, evidence cannot be collected. If in doubt, please consult a lawyer.