When investigating and collecting evidence, a defense lawyer must present a special letter of introduction, a power of attorney and a lawyer's practice certificate issued by a law firm to the respondent, and it shall be conducted by two or more people. It may include lawyers from other law firms who are working on this case.
When investigating and collecting evidence, the defense lawyer may, with the consent of the respondent, record and video the whole process.
When investigating and collecting evidence, defense lawyers shall make investigation records, which shall be signed by investigators, witnesses or representatives of grass-roots organizations, units and judicial organs and other relevant participants.
When defense lawyers investigate and collect evidence, it is best to have witnesses present, but the following persons shall not be used as witnesses in the investigation and collection of evidence: people who are physically or mentally defective or young, do not have the corresponding ability to distinguish or cannot express correctly; People who have an interest in the case and may affect the fair handling of the case; Staff members of public security and judicial organs who exercise the functions and powers of criminal proceedings such as inquest, inspection, search and seizure, or personnel employed by them;
If it is impossible for a qualified person to be a witness due to objective reasons, it shall indicate the situation in the record materials and record relevant activities.
Legal basis:
People's Republic of China (PRC) Lawyers Law
Article 35
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.