Can a lawyer retrieve the identity information of the defendant?

Lawyers can obtain the identity information of defendants under certain circumstances, but this usually needs to be done within the legal framework and abide by relevant legal procedures and regulations.

First, it is necessary for lawyers to obtain the identity information of defendants.

In the process of litigation, in order to safeguard the legitimate rights and interests of the parties, lawyers may need to know the basic identity information of the defendant in order to prepare for litigation and formulate strategies. This identity information includes but is not limited to the defendant's name, gender, age and address. By obtaining this information, lawyers can better understand the background and situation of the defendant and provide more accurate legal services for the parties.

Second, the legal basis for lawyers to obtain the identity information of the defendant

According to the relevant laws of our country, lawyers have the right to obtain the identity information of the defendant under certain circumstances. For example, Article 35 of the Lawyers Law of People's Republic of China (PRC) stipulates: "An entrusted lawyer may apply to the people's procuratorate or the people's court to collect and obtain evidence or to the people's court to notify witnesses to testify in court according to the needs of the case. If a lawyer investigates and collects evidence on his own, he can investigate the situation related to undertaking legal affairs with the lawyer's practice certificate and the certificate of the law firm. " This provision provides a legal basis for lawyers to obtain evidence in the course of litigation.

In addition, the Civil Procedure Law of People's Republic of China (PRC) and other relevant laws also stipulate the rights and obligations of lawyers in litigation, including that lawyers can obtain the identity information of defendants under certain circumstances.

Three. Procedures and restrictions for lawyers to obtain identity information of defendants

Although lawyers have the right to retrieve the identity information of the defendant, this does not mean that lawyers can do it at will. Lawyers must abide by the relevant legal procedures and regulations when obtaining the identity information of the defendant. For example, lawyers need to submit a written application to relevant institutions or departments, explaining the purpose and necessity of obtaining information, and providing relevant legal basis and supporting documents. At the same time, lawyers also need to respect the defendant's right to privacy and personal information protection, and must not abuse the right to access information.

In addition, it is worth noting that in some special circumstances, such as involving sensitive information such as state secrets and personal privacy, lawyers' right to obtain the identity information of the defendant may be restricted or prohibited.

To sum up:

Lawyers can obtain the identity information of the defendant under certain circumstances, but this needs to be done within the legal framework and abide by relevant legal procedures and regulations. When obtaining information, lawyers should respect the defendant's right to privacy and personal information protection, and ensure his legal exercise of rights. At the same time, under the guidance of lawyers, the parties should use this information reasonably and legally to safeguard their rights and interests.

Legal basis:

People's Republic of China (PRC) Lawyers Law

Article 35 provides that:

The entrusted lawyer may, according to the needs of the case, 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 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.

People's Republic of China (PRC) Civil Procedure Law

Article 64 provides that:

The parties have the responsibility to provide evidence for their claims. The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case. The people's court shall comprehensively and objectively examine and verify the evidence in accordance with legal procedures.