First, do lawyers have the right to investigate and collect evidence at the investigation stage?
Lawyers' investigation and evidence collection in the investigation stage not only has no legal basis, but also has great risk of hindering investigation. Lawyers have the right to investigate and collect evidence in the investigation stage according to law. According to the case provided by the criminal suspect and his relatives, and according to his own analysis of the case, lawyers can collect evidence to prove that the criminal suspect is innocent, the crime is light and the punishment is mitigated, so that the investigation organ or the public prosecution organ can investigate the case in a timely and comprehensive manner and put forward opinions beneficial to the investigation and prosecution of the criminal suspect.
Second, how do defense lawyers investigate and collect evidence in the investigation stage?
1. Defense lawyers have the right to investigate and collect evidence in the investigation stage of a case according to law.
2. In the investigation stage, defense lawyers can investigate and collect evidence from criminal suspects who are not at the scene of the crime, have not reached the age of criminal responsibility, and belong to mental patients who are not criminally responsible according to law, as well as related litigation procedures.
3. In the investigation stage, the defense lawyer shall promptly inform the public security organ of the evidence that the suspect is not at the scene of the crime, has not reached the age of criminal responsibility, and belongs to a mental patient who is not criminally responsible according to law, and attach a written defense opinion.
4. If the defense lawyer finds other evidence or evidence clues that are beneficial to the criminal suspect, he shall, after seeking the consent of the client and the parties, submit to the public security organ or put forward investigation suggestions in writing to the public security organ.
Third, the lawyer's right of investigation in civil litigation.
1. The Civil Procedure Law gives the civil agent the right to investigate, but it does not clearly stipulate the coercive power and relief methods of this right.
2. The right to apply for evidence. Article 64 stipulates that "the people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case."
3. Investigation order system.
At present, there is evidence to apply for an investigation order at the implementation stage. However, in the civil litigation stage, Beijing has basically been fully launched. Therefore, the investigation order system has been objectively and universally implemented in Beijing.
The above is about whether lawyers have the right to investigate and collect evidence in the investigation stage. Lawyers have the right to investigate and collect evidence in the investigation stage, but their right to investigate and collect evidence cannot hinder the investigation.