With the permission of the people's procuratorate or the people's court, and with the consent of the victim or his close relatives or witnesses provided by the victim, a criminal defense lawyer may collect materials related to the case from them.
The Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC)
Article 43 If a defense lawyer applies for collecting materials related to this case from the victim, his close relatives and witnesses provided by the victim, the people's court shall grant it and issue a written investigation permit if it deems it necessary.
Article 44 Where a defense lawyer collects and collects materials related to this case from a witness or other relevant units or individuals, and the witness, relevant units or individuals do not agree, he applies to the people's court for collection and collection. If the people's court deems it necessary, it shall agree.
Article 45 A defense lawyer shall directly apply to the people's court to collect and obtain evidence. If the people's court considers it inappropriate or impossible for a defense lawyer to collect or obtain evidence from witnesses or other relevant units or individuals, and it is really necessary, it shall agree.
When the people's court collects and obtains evidence according to the application of a defense lawyer, the applicant may be present.
The evidence collected and obtained by the people's court according to the application of the defense lawyer shall be copied and transferred to the applicant in time.
Article 46 When applying in accordance with the provisions of Article 43, Article 44 and Article 45, paragraph 1 of this Interpretation, a defense lawyer shall submit an application in writing, explain the reasons for the application and list the outline of the issues to be investigated.
Provisions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security, the Ministry of Justice and the Legislative Affairs Commission of the NPC Standing Committee on Several Issues in the Implementation of the Criminal Procedure Law.
Article 37 of the Criminal Procedure Law stipulates: "With the consent of witnesses or other relevant units and individuals, criminal defense lawyers may collect materials related to this case from them, 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 defense lawyer applies to a people's procuratorate or a people's court for collecting and collecting evidence, and the people's procuratorate or the people's court deems it necessary to investigate and collect evidence, the people's procuratorate or the people's court shall collect and collect evidence, and shall not issue a decision allowing lawyers to collect and collect evidence.