Article 43 of the Criminal Procedure Law stipulates that, with the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to the case, apply to the people's procuratorate or the people's court for collecting and obtaining evidence, or apply to the people's court for notifying witnesses to testify in court. 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, the defense lawyer may collect materials related to the case from them. It can be seen that the defense lawyer applied to the people's procuratorate or the people's court for investigation and evidence collection. Related knowledge: In practice, when a party applies to a people's court for investigation and evidence collection, it must have the following evidence: (1) The applicant must be a party or its agent. (2) An application must be submitted. If a party applies to the court for investigation and evidence collection, it shall submit a written application to the court in procedure. The application shall state the name, unit name, domicile and other basic information of the person under investigation, the contents of evidence to be investigated and collected, the reasons to be investigated and collected by the people's court and the facts to be proved. (3) meeting the application time limit. The parties and their agents ad litem shall apply to the people's court for investigation and collection of evidence no later than 7 days before the expiration of the time limit for adducing evidence. (4) Provide necessary evidence clues, which should be substantially related to the evidence. (five) to pay the necessary expenses for the people's court to collect evidence. When the court rejects the application of the parties and their agents ad litem, it shall serve a notice on the parties and their agents ad litem. The notice shall inform the decision not to grant permission and the reasons. The parties and their agents ad litem may, on the third day after receiving the notice, apply in writing to the court that accepted the application for reconsideration. The court should review it once. The court shall make a reply within 5 days from the date of receiving the application for reconsideration. If your situation is complicated, this website also provides online consultation service for lawyers, and you are welcome to make legal consultation.
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Article 35 of the Lawyers Law: According to the needs of the case, the entrusted lawyer may apply to the people's procuratorate or the people's court for collecting and obtaining evidence or to the people's court for notifying 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: Defence lawyers may consult, extract and copy the case file from the date when the people's procuratorate examines and prosecutes the case. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.