Can a lawyer investigate a person's information

Whether a lawyer can inquire about personal information depends on the actual situation. 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 appear in court. A lawyer who testifies can investigate personal information from the relevant units or individuals with the lawyer's practice certificate and the certificate of the law firm.

A lawyer can obtain the personal household registration information of the other party with the notification of case acceptance.

1. Lawyers have the right to investigate and collect evidence by themselves, and only need "two certificates". When meeting a criminal suspect or defendant, you should have "three certificates" (lawyer's practice certificate, law firm certificate, power of attorney or legal aid letter). However, although there are clear provisions in the law, it is generally difficult for lawyers to obtain evidence on their own, and defendants are often unwilling to cooperate. If criminal cases are involved, lawyers may have to bear their own personal risks.

In the process of investigation and evidence collection, lawyers need to keep confidential the relevant information and personal information that clients and others are unwilling to disclose. However, if the client or other person is preparing or committing a criminal act that endangers national security, public safety or seriously endangers the personal health of others, the lawyer can report it truthfully and does not need to keep it confidential.

2. The court examines whether the parties' applications comply with the law, so as to decide whether to investigate and collect evidence ex officio. In the rules of evidence, the provisions on the court's authority to obtain evidence are vague, and people who are obviously not qualified take a evasive attitude. Once the application is decided by the court, the parties have no other remedy.

3. The current situation of "more cases and fewer cases" in the court does not allow judges to have more time to investigate and collect evidence, and choose the way to issue an investigation order to the applicant.

But at present, the investigation order can only be held by the litigation agent, and the parties have no right to obtain the investigation order. Even with an investigation order, the relevant departments will not cooperate with evidence collection. In the indictment, the plaintiff needs to provide the identity information of the defendant to identify the defendant, and the court needs to send a subpoena and other documents and contact the other party. If there are relevant clues, the plaintiff may entrust a lawyer to the police station for retrieval. If you really don't know the identity information of the defendant, but know the contact information, you can contact him. The court will usually file a complaint to see if it can be mediated, and then notify the other party to provide it. The court won't take it by itself.

4. To sum up, lawyers can inquire about personal information under certain circumstances, and can inquire about personal information from individuals or units according to the lawyer's practice certificate and the certificate of law firm. The inquired personal information needs to be kept confidential, but it belongs to criminal facts that endanger national security, public safety and seriously endanger the health of others, and can be truthfully reported without confidentiality.

legal ground

People's Republic of China (PRC) Lawyers Law

Article 28 A lawyer may engage in the following businesses:

(a) to accept the entrustment of natural persons, legal persons or other organizations as legal advisers;

(two) to accept the entrustment of the parties in civil cases and administrative cases, to act as agents and to participate in litigation;

(3) Accepting the entrustment of criminal suspects and defendants in criminal cases or legal aid agencies to act as defenders according to law, accepting the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives to participate in litigation as agents;

(four) to accept the entrustment and represent the complaints of various litigation cases;

(five) to accept the entrustment and participate in mediation and arbitration activities;

(6) Accepting entrustment to provide non-litigation legal services;

(seven) to answer questions about the law and write litigation documents and other documents related to legal affairs.

Article 29 As a legal adviser, a lawyer shall, in accordance with the agreement, provide advice to the client on relevant legal issues, draft and review legal documents, participate in litigation, mediation or arbitration activities as an agent, handle other legal affairs entrusted, and safeguard the legitimate rights and interests of the client.

Article 30 A lawyer representing litigation legal affairs or non-litigation legal affairs shall safeguard the legitimate rights and interests of clients within the scope of entrustment.

Article 31 When acting as a defender, a lawyer shall, according to facts and laws, put forward materials and opinions on acquittal, lighter punishment or reduction or exemption of criminal responsibility of criminal suspects and defendants, so as to protect the litigation rights and other legitimate rights and interests of criminal suspects and defendants.

Article 32 A client may refuse his entrusted lawyer to continue to defend or represent him, and at the same time, he may entrust another lawyer to act as a defender or agent.

After accepting the entrustment, a lawyer shall not refuse to defend or represent without justifiable reasons. However, if the entrusted matter is illegal, the client uses the services provided by the lawyer to engage in illegal activities, or the client deliberately conceals important facts related to the case, the lawyer has the right to refuse to defend or represent him.

Article 33 A lawyer who acts as a defender has the right to meet a criminal suspect or defendant who is detained or under residential surveillance with a lawyer's practice certificate, a law firm certificate, a power of attorney or a power of attorney for legal aid in accordance with the provisions of the Criminal Procedure Law. Defense lawyers are not monitored when meeting with criminal suspects and defendants.

Article 34 From the date when a people's procuratorate examines and prosecutes a case, a lawyer who acts as a defender has the right to consult, extract and copy the case file.

Article 35 An entrusted lawyer may, according to the needs of a case, apply to a people's procuratorate or a people's court to collect and obtain evidence, or apply to a people's court to notify 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 36 Where a lawyer acts as an agent ad litem or defender, his right to debate or defend shall be guaranteed according to law.