The article presents the role of a defence lawyer in the procedure of issuing and executing abroad the European investigation order, as well as the impact of the lawyer on admissibility of foreign evidence in Polish criminal proceedings. Neither the directive 2014/41 nor chapters 62c – 62d of the Code Criminal Procedure, which transpose the directive, directly address this issue. Therefore, in order to determine the role of the defence lawyer confronted with the European investigation order it is necessary to have an insight into both domestic and EU law, what constitutes the theme of this article.