Criminal suspects are not allowed to read papers, and only defenders can read papers.
The legal provisions of criminal defense marks:
According to the provisions of Article 38 of the Criminal Procedure Law, defense lawyers can consult, extract and copy the case files from the date when the people's procuratorate examines and prosecutes the case. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.
This article stipulates the defender's right to read papers from the following three aspects:
1. The starting time of the defender's right to read papers is the date when the people's procuratorate examines and prosecutes the case. That is, the defender has the right to read papers at the stages of examination, prosecution and trial.
2. The specific methods for defenders to read papers include consulting, extracting and copying.
3. The scope of the defender's marking is the case file. That is, all kinds of materials in the file transferred by the investigation organ to the people's procuratorate and the people's procuratorate to the people's court, including all the evidence materials and litigation documents to prove whether the suspect or defendant is guilty and the seriousness of the crime.
Second, how to read criminal cases
The ways of marking papers are consulting, extracting and copying. However, it should be noted that defense lawyers have the right to keep confidential the relevant information and materials of their clients that they know in their practice activities.
According to the law of our country, defense lawyers can consult, extract and copy the case files from the date when the people's procuratorate examines and prosecutes the case. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.
Reading the papers can help you understand the charges and the evidence collected by the public security organs.
So as to judge from which angles the suspect can be defended and what evidence can be collected to prove the suspect's innocence or guilt.
The purpose is as follows:
1, to understand the basic situation of the case, the facts and evidence accused by the prosecution;
2, find doubts, mining facts, evidence or clues beneficial to the criminal suspect and defendant;
3. Point out the direction for lawyers' meeting, investigation and evidence collection, court cross-examination and defense.
Three, what should be paid attention to about the issue of marking the trial jurisdiction?
The first is whether the region has jurisdiction. Generally, the principle of determining territorial jurisdiction is the place where the criminal act is committed and the place where the criminal result occurs. However, in judicial practice, with the rapid development of society and the popularity of highly developed Internet in society, the traditional geographical boundaries have become increasingly blurred. So this requires us to carefully analyze the basic principles of criminal case jurisdiction, the provisions of judicial interpretation, and the notice of the Ministry of Public Security.
The second is the legal division of jurisdiction. The public, procuratorial and legal organs have a clear division of labor in accepting criminal cases. The court directly accepts cases that can be prosecuted according to the criminal procedure law, and it is generally not easy to have problems.
Most cases of public security organs and procuratorial organs are also easy to distinguish, but individual charges such as position and identity will also be confused. For example, the personnel assigned by state-owned enterprises to work in non-state-owned enterprises occasionally have jurisdiction errors when job-related crimes occur in the course of work.
Therefore, defense lawyers should put jurisdiction review in the first place. If defense lawyers can find and raise jurisdiction issues when marking papers, then jurisdiction issues will be solved in the process of case review and before prosecution by procuratorial organs.
Therefore, once the jurisdiction problem is found in the marking, it must be raised with the prosecutor. As far as possible, the proposed method is put forward in written form, so as to achieve "one step in place", which is also a reflection of whether the work is in place for lawyers.
The above is the criminal case compiled for you. Can you read it? Generally speaking, according to the law of our country, only the defense lawyer can read the papers, and the criminal suspect himself can't read the papers. The defense lawyer can only apply for reading the papers through legal procedures. The purpose of reading the paper is to understand the specific circumstances of the case.