What are the rules for lawyers to investigate and collect evidence?

Lawyers' right to investigate, understand the situation and collect and obtain relevant evidence in the course of business activities is called lawyers' right to investigate and collect evidence. Lawyers should consider the legality of investigation and evidence collection when investigating and collecting evidence; The object of investigation and evidence collection; Make a plan for investigation and evidence collection.

legal ground

Article 35 of the Lawyers Law

The entrusted lawyer may, according to the needs of the case, 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. If a lawyer investigates and collects evidence by himself, he may, with the lawyer's practice certificate and the certificate of the law firm, investigate the situation related to undertaking legal affairs with the relevant units or individuals.

Article 40 of the Criminal Procedure Law

From the date when the people's procuratorate examines and prosecutes the case, the defense lawyer may consult, extract and copy the case file. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.