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. 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 the public security organ investigates a case that has ended, it shall write a prosecution opinion, transfer it to the people's procuratorate at the same level for examination and decision together with case files and evidence, and inform the criminal suspect and his defense lawyer of the transfer of the case.
Lawyers can understand the case in the following ways:
1, 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;
2. Fully tap the information according to the case;
3. After accepting the entrustment, make an appointment at the detention center to meet the client himself at the first time. Through the meeting with the parties themselves, we can understand their specific job responsibilities and the specific content of the accused activities, and at the same time compare the details of the case they described with the details of the case they had previously mastered.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 40 A defender has the right to consult the case file. From the date of examination and prosecution by the people's procuratorate, the defense lawyer may consult, extract and copy the case file materials of this 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. Article 41 A defender has the right to apply for investigation and collect evidence. Defenders have the right to apply to the people's procuratorate or the people's court for obtaining evidence materials that prove innocence or minor crimes collected by public security organs and people's procuratorates in the process of investigation, examination and prosecution. Article 38 the rights of defense lawyers during investigation; Defense lawyers can provide legal aid to criminal suspects 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.