There is no file generated in the investigation stage, and lawyers have no right and no way to read papers, so there is no violation. If the case needs to be reviewed and prosecuted to generate a file, the lawyer has the right to read the file. In the investigation stage of public security organs, lawyers have no right to read papers, if reading papers is illegal. Defense lawyers can only consult, extract and copy the case files from the date when the people's procuratorate examines and prosecutes the case. When investigating a case that has ended, the public security organ shall write a prosecution opinion and transfer it to the people's procuratorate at the same level for examination and decision together with the case file and evidence; At the same time, inform the criminal suspect and his defense lawyer about the transfer of the case.
Second, how to defend lawyers who can't read papers in the investigation stage of criminal cases
First of all, the conventional method is to fully communicate with the family members who know the situation. If you meet family members who don't understand the law, lawyers need more questions and guidance to understand the basic situation of the case through listening and interaction.
Secondly, it is to fully mine information according to the case. The judgment is public information. We got the full text of the judgment of the same case and other materials at the first time, and got a clear understanding of the nature and even the key details of the whole case from the side, and even learned the relevant judgment rules and key points of the judge in this case, which was of great help to our client's defense.
In addition, after accepting the entrustment, I will make an appointment at the detention center to meet the client himself as soon as possible. It is very important to know the specific job responsibilities and the specific content of the accused activities through the meeting with the parties themselves, and to compare and check the details of the case they described with the details of the case they had previously mastered. This kind of communication is the most direct means for defense lawyers to understand the case.
Legal basis:
Criminal procedure law
Article 36 A defense lawyer may provide legal aid to a criminal suspect during investigation; Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Ask the investigation organ about the crimes and cases suspected by the criminal suspect, and put forward opinions.
Article 38 From the date of examination and prosecution by the People's Procuratorate, defense lawyers may consult, extract and copy the case files. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.
The above is the relevant legal knowledge about whether lawyers can read papers in the investigation stage of criminal cases. To sum up, we can understand that there is no file generated in the investigation stage, and lawyers have no right and no way to read papers, so there is no violation. If the case needs to be reviewed and prosecuted to generate a file, the lawyer has the right to read the file. If you have any other questions, please consult a lawyer.