Can legal workers obtain records and other evidence when they go to the police station with a legal

Updated on society 2024-04-12
7 answers
  1. Anonymous users2024-02-07

    The evidence can be consulted.

    The authority of legal service workers is the same as that of the litigant, and they may go to the public security organ to copy the record of questioning from the date of review for prosecution, and the consent of the court and procuratorate is required, and if it is a lawyer, the record can be directly copied.

    Article 32: With the consent of relevant units or individuals, basic-level legal service workers may investigate and collect evidence materials related to undertaking legal affairs from basic-level legal services with letters of introduction issued by basic-level legal services, parties' power of attorneys, and "Legal Service Workers' Practice Certificates"; An application may be made to the people's court for access to the relevant case files or trial materials.

    Article 38 of the Criminal Procedure Law: Defense lawyers may consult, copy, and reproduce case file materials from the date on which the people's procuratorate reviews the case for prosecution. With the permission of the people's courts and people's procuratorates, other defenders may also consult, copy, or reproduce the materials described above.

  2. Anonymous users2024-02-06

    It cannot be retrieved. Only the public security organs can bring a letter of introduction, and a copy of the police officer card can be obtained. And this thing won't give you a copy to circulate.

    Criminal case files handled by public security organs that have not been handled are to be handled by the organ that filed the case. Criminal cases that have already been completed are first reported to the case trial section of the sub-bureau and then transferred to the procuratorate. If it is a civil dispute and the police are called, the court staff will go to obtain relevant materials when filing a lawsuit, such as police registration.

    Generally, the photocopy will be handed over directly to the staff and not to the individual.

    Pure hand hitting, looking.

  3. Anonymous users2024-02-05

    According to the relevant provisions of China's Lawyers Law, legal workers can go to the police station to investigate and collect evidence, and you ask him to sign and seal and then copy the transcript and relevant evidence [the original should be verified by the court, and the lawyer generally does not take the original].

  4. Anonymous users2024-02-04

    There is no end to the problem. It can be retrieved, but only in relation to one's own principal.

  5. Anonymous users2024-02-03

    There are also requirements: power of attorney of the parties.

    However, practice may not necessarily go smoothly, because the provisions of the Criminal Procedure Law and the Lawyers Law are different.

  6. Anonymous users2024-02-02

    Legal analysis: lawyer's qualification certificate, power of attorney, legal aid official letter, ID card, etc.

    Legal basis: Criminal Procedure Law of the People's Republic of China

    Article 40: Defense lawyers may consult, copy, and reproduce case file materials from the date on which the people's procuratorate reviews the case for prosecution. Other defenders may also consult, copy, or reproduce the materials described above with the permission of the people's court or the people's procuratorate.

    Article 41: Where defenders find that evidence materials collected by the public security organs or people's procuratorates during the period of investigation or review for prosecution showing that the criminal suspect or defendant is not innocent or that the crime is minor, they have the right to apply to the people's procuratorate or people's court to collect it.

    Article 42: Evidence gathered by defenders that the criminal suspect was not at the scene of the crime, that he had not reached the age of criminal responsibility, or that he was a mentally ill person who did not bear criminal responsibility in accordance with law, shall promptly inform the public security organs and people's procuratorate.

  7. Anonymous users2024-02-01

    In accordance with the rules and regulations of China's relevant laws, where a lawyer goes to a police station to obtain a record, the materials that need to be provided include a power of attorney, an official letter of legal aid, a lawyer's practice certificate, an ID card, and so forth.

    Legal basis] Article 39 of the Criminal Litigation Law, a defense lawyer may meet and correspond with criminal suspects or defendants in custody. With the permission of the people's courts and people's procuratorates, other defenders may also meet and correspond with criminal suspects or defendants in custody.

    Where a defense lawyer requests to meet with a detained criminal suspect or defendant with a lawyer's practice certificate, a law firm certificate, a power of attorney, or an official legal aid letter, the detention center shall promptly arrange for the meeting, and must not exceed 48 hours at the latest.

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