Guangzhou rape criminal defense lawyer

Answer: b, c, d

This topic examines the right of defense lawyers to investigate and collect evidence. Witnesses provided by defense lawyers to victims or their close relatives or victims must be approved by the people's procuratorate or the people's court and agreed by the victims or their close relatives or victims. Both conditions are indispensable, so item A is wrong. According to the provisions of Article 52 of the the Supreme People's Procuratorate Rules, if a defense lawyer applies to the people's procuratorate for collecting and obtaining evidence after the case is transferred for examination and prosecution, if the people's procuratorate deems it necessary to collect and obtain evidence, it shall decide to collect, obtain and make a record. Decide whether to accept it or not. The reasons shall be stated in writing. When the people's procuratorate collects and obtains evidence according to the application of the defense lawyer, the defense lawyer may be present. Therefore, item B is correct. According to Articles 5 1, 52, and 53 of the Interpretation of Criminal Procedure Law, if a defense lawyer collects and retrieves materials related to this case from a witness or other relevant units or individuals, and the witness or relevant units or individuals disagree, he shall apply to the people's court for collection and retrieval, or apply to notify the witness to testify in court, and the people's court shall agree if it deems it necessary. The defense lawyer directly applies to the people's court for the collection and collection of evidence. If the people's court thinks it is really necessary to collect and collect evidence, but it is inappropriate or impossible for the defense lawyer to collect and collect evidence, it shall agree. The people's court shall make a decision on the defense lawyer's application for investigation and evidence collection within 5 days. When the people's court collects and takes evidence, the defense lawyer may be present. After collecting and obtaining evidence, the people's court shall promptly notify the defense lawyers to consult, extract and copy, and inform the people's procuratorate. So the CD is correct.