The lawyer’s right to investigate and obtain evidence refers to the lawyer’s right to investigate, understand the situation and collect and obtain evidence during the execution of lawyer’s business activities. The specific provisions are as follows:
Article 35 of the "Lawyers Law" stipulates: "According to the needs of the case, the entrusted lawyer may 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 appear in court. Testify. If a lawyer investigates and collects evidence on his own, he may investigate and collect evidence from the unit or individual involved in the legal affairs with the lawyer's practicing certificate and the certificate of the law firm. "
1. Features
1. Lawyers’ investigation and evidence collection are not legally compulsory.
2. The lawyer’s right to collect evidence in criminal investigations is conducive to collecting evidence that is beneficial to the client.
3. The evidence materials obtained by lawyers’ investigation and evidence collection must be investigated and verified by the court before they can be used as evidence.
Significance
The right to investigate and collect evidence is necessary to ensure the construction of the rule of law by lawyers. Without the lawyer system, there will be no rule of law by lawyers. Improving the defense lawyer's right to investigate and collect evidence is of great significance. It is not only conducive to protecting the substantive rights of defense lawyers and safeguarding the legitimate rights and interests of the parties, but is also conducive to promoting a balance between prosecution and defense, and is conducive to achieving judicial fairness and justice.
Reference source lawyer’s right to investigate and collect evidence