The relevant law in the United States provides that lawyers have the right to investigate and collec

The Sixth Amendment to the U.S. Constitution provides that defendants have the right to be assisted in their defense by a lawyer. In judicial practice, this guarantee is understood to mean that the defendant can be represented by his lawyer at every important stage of the criminal proceedings, and its purpose is to effectively ensure that the legitimate rights and interests of the criminal defendant at all stages of the criminal procedure are not infringed upon, and that the court's fair trial can be realized. If the defendant has no money to hire a lawyer due to poverty, the court is obliged to appoint a lawyer for him, and the expenses are to be paid by the ** party.

If this right is not granted or guaranteed to the accused at the trial stage, or when the accused pleads to the charges, or at the time of sentencing, it constitutes a material violation of constitutional rights, with the consequence of the automatic annulment of any conviction of the accused.

The discovery procedure under the U.S. Federal Rules of Civil Procedure gives parties five methods for collecting evidence: (1) Deposition, which refers to the procedure and method of taking the testimony of a witness after the witness has taken an oath by the clerk of the court in the presence of both parties and their lawyers. (2) Interrogatories, in which one party questions the other party in writing and asks the other party to make procedures and methods.

3) Request for production of document and other things refers to the procedures and methods by which one party requires the other party and any other person to provide documents and other tangible things in their possession or control. (4) Request for admission refers to the procedures and methods by which one party requests the other party to express its attitude of recognition on the facts of the case, the establishment or non-existence of the document, the proposition, and the opinions on the applicable law. (5) Physical and mental examination, which refers to the procedures and methods by which one party may request the other party or a person under the protection and control of the party to undergo a physical or mental examination.

Of course, this is also a sense of self-defense. Tiandao was not reluctant, but while talking to Xiruo, he introduced those dishes to Xiruo.

Hello, you can describe your problem in detail: investigation and evidence collection is an important part of lawyer's practice, in litigation, the reform of trial methods, more emphasis on mobilizing the enthusiasm of both parties, judges tend to be more neutral arbitration role, so that whether it is criminal defense, or civil and administrative litigation, if the lawyer's opinion is not supported by the corresponding evidence, it can only be a tree without roots, no source of water, it is difficult to have full convincing power. Investigation and evidence collection is one of the important ways for lawyers to obtain evidence.

However, investigation and evidence collection has always been a difficult problem for lawyers.

The "Interim Regulations on Lawyers" stipulate that lawyers have the right to investigate with relevant units and individuals in accordance with relevant provisions, and relevant units and individuals have the responsibility to provide support. Because these provisions are too principled and general, and lack "sanction" clauses, there are no specific measures to protect lawyers' activities in collecting evidence, which makes it difficult for lawyers to collect evidence in practice.

The Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice have issued a "Joint Circular on Several Specific Provisions on Lawyers' Participation in Litigation" and "Several Supplementary Provisions on Lawyers' Participation in Litigation," which make some specific provisions on issues related to lawyers' access to case files, meetings with detained defendants, and investigation and visits.

Some local regulations that guarantee the performance of lawyers' duties further stipulate the rights of lawyers, including the right of lawyers to collect evidence. These provisions are conducive to lawyers' investigation and evidence collection. However, the Law on Lawyers promulgated in 1996 and the Criminal Procedure Law amended in 1997 did not continue to improve on this basis.

The Lawyers Law stipulates that "when a lawyer undertakes legal affairs, he or she may, with the consent of the relevant units or individuals, investigate the situation with them." It is merely acknowledged that the lawyer "can look into the situation".

The amended Criminal Procedure Law stipulates: "A defense lawyer may, with the consent of witnesses or other relevant units and individuals, collect materials related to the case from them. With the permission of the people's procuratorate or people's court, and with the consent of the victims, their close relatives, or witnesses provided by the victims, defense lawyers may collect materials related to the case from them."

This provision does not directly give defense lawyers the right to investigate and collect evidence, but only uses the ambiguous phrase "materials can be collected"; Moreover, the defense lawyer must also obtain the consent of the person being collected and even the approval of the judicial organ to collect materials!