On Power of Attorney in Criminal Cases

Criminal public prosecution cases are generally divided into three stages: investigation stage, examination and prosecution stage and trial stage. According to three different stages, the lawyer's authority is different. According to Article 39 of the Criminal Procedure Law, defense lawyers can meet and correspond with criminal suspects and defendants in custody. Article 40 stipulates that defense lawyers may consult, extract and copy the case files from the date when the people's procuratorate examines and prosecutes the case. Article 43 With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to this case from them, or 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. Article 39 of the Criminal Procedure Law: A defense lawyer may meet and correspond with a criminal suspect or defendant in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody. Article 40 of the Criminal Procedure Law: Defence lawyers may consult, extract and copy the case file from the date when the people's procuratorate examines and prosecutes the case. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate. Article 43 of the Criminal Procedure Law: With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to the case from them, or 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.