Lawyers' right to investigate and obtain evidence of the legal provisions of the Criminal Procedure Law, Article 40, defense lawyers from the people's procuratorate review of the case from the date of prosecution, may consult, excerpts, copy the case file materials. There is also article 41 stipulates that the defense lawyer that during the investigation, review and prosecution of the public security organs, the people's procuratorate to collect the evidence to prove the innocence of the suspect, the defendant or the lesser degree of guilt of the evidence material has not been submitted, have the right to apply for the people's procuratorate, the people's court to retrieve.
What lawyers need to investigate and collect evidence
1, defense lawyers investigate and collect evidence, must be investigated to the person to show the law firm issued a special letter of introduction to the investigation of lawyers, power of attorney, lawyers practicing certificate, and carried out by more than two people. Which may include other law firms *** with the lawyer handling the case.
2, the defense lawyer investigation and evidence collection, can be investigated with the consent of the whole audio, video.
3, the defense lawyer investigation and collection of evidence, shall make a transcript of the investigation, and by the investigator, witness or grass-roots organizations, units, representatives of the judiciary and other relevant participants sign.
4, the defense lawyer investigation and evidence collection, it is best to have witnesses present, but the following people shall not serve as witnesses to the investigation and evidence collection: physical, mental defects or young, do not have the appropriate ability to distinguish or can not be expressed correctly; and case has an interest in the case, which may affect the fair handling of the case; exercise of the investigation, inspection, search and seizure of criminal proceedings, such as the public security, Staff of the judicial organs or persons employed by them;
5. If, for objective reasons, it is not possible for qualified persons to act as witnesses, the situation shall be noted in the transcript materials and the relevant activities shall be videotaped.
It can be seen that the lawyer investigation and evidence collection need a lawyer's license and law firm certificate, the lawyer in the process of investigation and evidence collection, can not force others to cooperate.
I hope the above can help you, if you have other questions please consult a professional lawyer.
Legal basis: "Criminal Procedure Law" Article 40
Defense lawyers from the people's procuratorate on the case review and prosecution date, you can access, excerpts, copy the case file materials. Other defenders, with the permission of the people's court or people's procuratorate, may also inspect, excerpt or copy the said materials.
Article 41
If the defender believes that the evidentiary materials collected by the public security organ or the people's procuratorate during the investigation and examination and prosecution to prove the innocence or mitigated guilt of the suspect or defendant have not been submitted, he or she shall have the right to apply to the people's procuratorate or the people's court for retrieval of the materials.