The parties to a criminal case have no right to consult the case file. According to the relevant provisions of China's criminal procedure law, the parties to a criminal case can't inquire about the file information, and only the attorney can consult it. After the criminal case is closed, the parties can't copy the case file, and only the defense lawyer or other defenders can copy the case file materials, so as to exercise the right of defense when examining and prosecuting.
The case of not filing a case is as follows:
1, the circumstances are obviously minor and the harm is not great, so it is not considered a crime. Protect innocent people from criminal investigation by drawing a clear line between crime and non-crime;
2, the crime has passed the limitation period. China's criminal law clearly stipulates the limitation of prosecution, which should be observed and implemented in the process of filing a case;
3. Freedom from punishment due to amnesty. Pardon is part or all of the measures taken by the state to exempt certain crimes or specific criminals from punishment. A crime that has been pardoned should not be put on file for investigation;
4, in accordance with the criminal law to deal with the crime, did not tell or withdraw to tell. The case handled after notification belongs to the case of private criminal prosecution, and the victim has the autonomy to decide whether to pursue the criminal responsibility of the defendant according to law;
5. The criminal suspect or defendant dies. If the criminal suspect or defendant dies, the undertaker of criminal responsibility no longer exists, and it is meaningless to investigate the criminal responsibility of the deceased, so the case will not be filed;
6, other laws and regulations shall be exempted from criminal responsibility. If a mental patient cannot identify or control his own behavior, he shall not be criminally responsible for the harmful results.
The procedure for filing a criminal case is as follows:
1. Public security organs, procuratorates and people's courts shall accept reports, complaints, reports and surrender. If it is not under its jurisdiction, it shall be transferred to the competent authority for handling, and the informant, complainant and informant shall be notified. For those who are not under their jurisdiction and must take emergency measures, they should take emergency measures first and then transfer them to the competent authorities;
2. Reports, complaints and reports can be written or oral. The staff accepting oral reports, complaints and reports shall make a written record, which shall be signed or sealed by the informant, complainant and informant after being read out correctly;
3. The staff who accept the complaint and report shall explain the legal liability of false accusation and frame-up to the complainant and informant. However, as long as it is not fabricating facts and evidence, even if the facts of the accusation and report are different, or even false accusation, it should be strictly distinguished from false accusation.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 111 If the people's procuratorate thinks that the public security organ does not file a case for investigation, or if the victim thinks that the public security organ does not file a case for investigation, it shall ask the public security organ to explain the reasons for not filing a case. If the people's procuratorate believes that the reason why the public security organ does not file a case cannot be established, it shall notify the public security organ to file a case, and the public security organ shall file a case after receiving the notice.