Lawyers can investigate and collect evidence.
Article 41 of the Criminal Procedure Law provides that a defense lawyer, with the consent of the witnesses or other relevant units and individuals, may collect from them materials relevant to the case, and may also apply to the people's procuratorate or the people's court for the collection and retrieval of evidence, or apply to the people's court to notify the witnesses to appear in court to testify.
Defense counsel, with the permission of the people's procuratorate or the people's court, and with the consent of the victim or his or her close relatives, or of the witnesses provided by the victim, may collect from them materials relevant to the case.
Expanded:
The scope of a lawyer's investigation and collection of evidence includes:
1, Evidence investigation
Based on the "civil procedure law" and "civil litigation evidence of a number of provisions" in the "who claims, who proves" principle, accept civil cases entrusted by the parties to investigate and plan the collection of relevant litigation and non-litigation evidence.
2. Intellectual Property Investigations
Investigate cases of infringement of intellectual property rights such as trademarks, patents, copyrights and trade secrets. We assist in identifying the sources of pirated books, audio-visual products, and software, investigating the production dens of counterfeit and substandard products, and obtaining corresponding evidence to combat counterfeit and substandard products and protect intellectual property rights.
3. Investigation of the whereabouts of the executed person's property
Based on the Provisions of the Supreme People's Court on Several Issues Concerning the Enforcement Work of the People's Courts (for Trial Implementation), the company has been entrusted with the task of assisting creditors in searching for the missing enterprise and the fugitive debtor. Assist the court to investigate, execute and trace the property and accounts hidden and transferred by the executor, and safeguard the legitimate rights and interests of creditors.
4, business credit investigation
Business reputation investigation, business bad record finding, partnership background, business status, financial status, product information, business credit investigation, prevention of commercial fraud field investigation (including commercial infringement investigation, contract fraud investigation, performance investigation).
5, personal credit investigation
Personal behavior (growth experience, family situation, personal hobbies, etc.), personal assets credit investigation. Employment qualification in-depth field survey: education survey, personal credibility survey, personal qualification survey, employee loyalty survey.
6, anti-unfair competition investigation
Counterfeit goods, false advertising, slander and defamation, business fraud and all other violations of investigation and evidence collection.
7, real estate property rights, the use of investigation
8, marital infidelity investigation
In accordance with the principle of marriage law, "fault compensation", commissioned by the parties to retrieve evidence of marital infidelity and the whereabouts of property.
9, specific investigations
According to the needs of the client, the lawful investigation of specific matters.
Baidu Encyclopedia : Criminal Procedure Law