I. Permission and conditions for lawyers to inquire about personal property
As legal professionals, lawyers sometimes need to know the client's property when handling legal affairs on their behalf. However, lawyers are not free to inquire about personal property and need to meet certain conditions and procedures. First of all, the lawyer must obtain the clear authorization of the client and agree to conduct property inquiry. Secondly, the lawyer's inquiry behavior must comply with the law and must not infringe on the privacy and legitimate rights and interests of others. In civil or criminal proceedings, if legal issues such as property division, compensation and recovery are involved, lawyers can make corresponding property inquiries after obtaining the permission of the relevant courts.
Second, the ways and procedures for lawyers to inquire about personal property.
Lawyers usually need to inquire about personal property through legal channels and procedures. For example, lawyers can apply to the court for an investigation order and ask relevant institutions or departments to provide personal property information. In addition, lawyers can also obtain property information by consulting public databases and consulting the other party. Lawyers shall strictly abide by the law in the process of inquiry, and shall not take illegal means to obtain property information.
Three. Matters needing attention for lawyers to inquire about personal property
Although lawyers can inquire about personal property under certain conditions, they still need to pay attention to the following points in actual operation. First of all, lawyers should respect the privacy and legitimate rights and interests of clients, and should not disclose the property information they have inquired to irrelevant personnel. Secondly, lawyers should be cautious when inquiring about property to avoid infringing on the legitimate rights and interests of others. Finally, lawyers should ensure that the inquired real estate information is true, accurate and complete, and provide effective legal services for clients.
To sum up:
Lawyers can inquire about personal property under certain conditions, but they need to abide by strict legal procedures and regulations. When inquiring about personal property, a lawyer shall obtain the explicit authorization of the client, abide by the legal provisions, and make inquiries through legal channels and procedures. At the same time, lawyers should also pay attention to protecting customers' privacy and legitimate rights and interests, and ensure that the inquired real estate information is true, accurate and complete.
Legal basis:
People's Republic of China (PRC) Lawyers Law
Article 35 provides that:
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.
People's Republic of China (PRC) Civil Procedure Law
Article 67 provides that:
The people's court has the right to investigate and collect evidence from the relevant units and individuals, and the relevant units and individuals may not refuse. The people's court shall distinguish the authenticity of the documents submitted by the relevant units and individuals, and examine and determine their validity.
Criminal Procedure Law of the People's Republic of China
Article 14 1 stipulates:
All kinds of property and documents found in investigation activities that can prove the criminal suspect's guilt or innocence shall be sealed up and detained; Property and documents irrelevant to the case shall not be sealed up or detained. The seized and detained property and documents shall be properly kept or sealed, and shall not be used, exchanged or damaged.