Legal analysis: 1. Criminal cases
(1) To the criminal suspect or defendant. From the day when a criminal suspect is first questioned or compulsory measures are taken by the investigative agency, the criminal suspect has the right to meet and understand the case, and obtain the criminal suspect's confession and defense.
(2) The same judicial authority handling the case. From the date of review and prosecution of the case, lawyers have the right to inspect, excerpt and copy the litigation documents and case file materials related to the case. The entrusted lawyer has the right to inspect, extract and copy all materials related to the case from the date the case is accepted by the People's Court. Lawyers have the right to apply to the People's Court and Procuratorate for investigation and evidence collection.
(3) To other witnesses. The defense lawyer has the right to investigate and collect evidence from witnesses and relevant units. However, to collect materials related to the case from the victim, his close relatives, and the witnesses provided by the victim, he must apply to the People's Court, and with the permission of the People's Court, with the permission issued by the People's Court Investigation document for investigation and evidence collection.
2. Civil (or administrative) cases
(1) Basic information of the other party. Investigate the basic information of the other party, such as the natural name, address and other identity information; the name, residence, person in charge and other organizational information of legal persons (including companies, enterprises, institutions, government agencies, private institutions, etc.).
(2) Investigate and collect evidence from witnesses and relevant units. According to the law, all units and individuals who know the circumstances of the case are obliged to appear in court to testify, and lawyers have the right to investigate and collect evidence from relevant case witnesses or units.
(3) Execution cases. During the execution stage of civil cases, inquire about the property information of the person subject to execution. Lawyers have the right to investigate the bank account, securities fund account, house, vehicle and other property information of the person subject to execution.
(4) Investigation of intellectual property infringement cases. When handling intellectual property (copyright, trademark, patent) infringement cases, lawyers have the right to investigate and confirm the infringement facts of the infringer.
(5) Anti-unfair competition investigation. When handling anti-unfair competition cases, lawyers investigate and collect evidence for all infringements such as counterfeit goods, false advertising, slander, and business fraud.
(6) Investigation of marital fault situations. In divorce dispute cases, investigate whether one party has had an "extramarital affair" or privately transferred and concealed the marital property.
3. Appeal cases
When representing criminal appeals, civil retrials, appeals and other cases, lawyers have the right to obtain, consult and copy the litigation files of the first and second instance of the case from the People's Court .
4. Due Diligence
In non-litigation legal cases handled by lawyers, lawyers have the right to investigate personal credit (including personal physical circumstances, personal assets, academic qualifications, Personal reputation, personal qualifications, employee loyalty, etc.), corporate credit (including business reputation investigation, corporate bad record search, partnership background, operating status, financial status, product information, business credit, such as commercial infringement investigation, contract fraud investigation , contract performance capabilities, etc.).
Legal basis: "Lawyers Law of the People's Republic of China"
Article 34 If a lawyer serves as a defender, from the date of review and prosecution of the case by the People's Procuratorate, there shall be The right to inspect, excerpt, and copy the case file materials.
Article 35: Based on the needs of the case, the entrusted lawyer may 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 appear in court to testify.
If a lawyer investigates and collects evidence on his own, he can investigate the situation related to the legal affairs undertaken by the relevant unit or individual with the lawyer's practicing certificate and the certificate of the law firm.
"Criminal Procedure Law of the People's Republic of China"
Article 40: From the date of review and prosecution of the case by the People's Procuratorate, defense lawyers may consult, excerpt, and copy the case case file materials. Other defenders may also consult, excerpt, and copy the above-mentioned materials with the permission of the People's Court and People's Procuratorate.
Article 41 If the defender believes that the evidence materials collected by the public security organs and the People's Procuratorate to prove the innocence of the criminal suspect or defendant or the minor crime have not been submitted during the investigation, review and prosecution period, he has the right to apply for a People's The Procuratorate and the People's Court shall request.