It is okay for defense lawyers to consult the case file. At this time, they need to submit lawyer's practice certificate, lawyer's affairs certificate and power of attorney. According to the law, when handling a case, a lawyer may apply to the court or procuratorate for consulting and copying the case files. When consulting the file, it is necessary to submit the lawyer's practice certificate and the certificate (letter) and power of attorney issued by the law firm.
When a defense lawyer meets a criminal suspect or defendant in custody, he can learn about the relevant case and provide advice. From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants. "In cases of crimes endangering national security, terrorist activities and major bribery crimes, defense lawyers shall obtain the permission of the investigation organ when meeting with the criminal suspect during the investigation. For the above cases, the investigation organ shall notify the detention center in advance.
The new criminal procedure law expands the scope of defense lawyers' marking, and stipulates that defense lawyers can consult and copy the case files after being transferred for examination and prosecution, which is no longer limited to litigation documents and technical appraisal materials, providing convenience for lawyers to know the facts of the whole case in time and master the evidence of the whole case, and providing guarantee for lawyers to exercise their defense rights efficiently and conveniently.
Legal basis:
Article 34 of the Lawyers Law of People's Republic of China (PRC) * * * A lawyer who acts as a defender has the right to consult, extract and copy the case file from the date when the people's procuratorate examines and prosecutes the case.
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.