1. Can the defense lawyer consult the case file?
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.
2. What files can the parties consult and copy?
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.
Article 37 of the new criminal procedure law stipulates that defense lawyers can meet and correspond with criminal suspects and defendants in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody.
"If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate and a power of attorney or a letter of legal aid to meet with a criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, no later than 48 hours.
"When defense lawyers meet with criminal suspects and defendants in custody, they can learn about the 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 they meet with criminal suspects and defendants. " In cases of crimes endangering national security, terrorist activities and major bribery crimes, defense lawyers should obtain the permission of the investigation organ when meeting with criminal suspects during the investigation. For the above cases, the investigation organ shall notify the detention center in advance.
Article 38 stipulates that defense lawyers may 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.
Article 39 stipulates that defenders have the right to apply to the people's procuratorate or the people's court for the collection of evidence materials that are not submitted in the process of investigation, examination and prosecution to prove the innocence or minor crimes of criminal suspects and defendants.
1. From the date when the people's procuratorate examines and prosecutes the case, the defense lawyer may consult, extract and copy the case file. In other words, after the case goes to the procuratorate, the lawyer can consult and copy all the "case-related materials". Such a provision will help lawyers understand the evidence system on which the accusation is based as soon as possible and have enough time to deal with it. This provision of the new criminal procedure law enables lawyers to exercise their right to defense more effectively.
2. The lawyer's right to apply for obtaining favorable evidence that has not been submitted has been established. That is, "Defenders may apply to the People's Procuratorate and the People's Court for retrieval if they believe that the evidence materials collected by the public security organs and the People's Procuratorate in the process of investigation, examination and prosecution to prove the innocence and lightness of the crime have not been submitted.
Article 50 of the Civil Procedure Law stipulates that the parties may consult the relevant materials of this case and copy the relevant materials and legal documents of this case. The scope and methods of consulting and copying relevant materials in this case shall be stipulated by the Supreme People's Court.
From the perspective of judicial practice, the investigation materials include documentary evidence, witness testimony, expert conclusion, inspection record, statements of the parties, etc. If state secrets or business secrets are involved, the parties cannot consult or copy them; If personal privacy is involved, you can consult it, but you must keep it confidential.
In addition, the materials provided by both parties, including the indictment and defense, can also be consulted and copied by the parties.
In order to ensure that lawyers and other agents ad litem can exercise the right to consult the relevant materials of the cases they represent in civil litigation according to law and ensure the smooth progress of litigation activities, according to the provisions of Article 61 of the Civil Procedure Law of People's Republic of China (PRC), the Supreme People's Court promulgated the Provisions on the Access of Agents ad litem to Civil Case Materials on the 6th, stipulating the scope and methods for agents ad litem to consult civil case materials, which will take effect on the 7th.
In order to ensure that lawyers and other agents ad litem exercise the right to consult the relevant materials of the cases they represent in civil litigation according to law and ensure the smooth progress of litigation activities, according to the provisions of Article 61 of the Civil Procedure Law of People's Republic of China (PRC), the scope and methods for agents ad litem to consult the relevant materials of the cases they represent are as follows:
Article 1 Lawyers and other agents ad litem who represent civil litigation have the right to consult the relevant materials of the cases they represent. However, the agent ad litem's access to the case materials does not affect the trial of the case.
When an agent ad litem applies for retrial, he may consult the relevant materials that the case he represents has been tried and concluded.
Article 2 The people's court shall provide convenient conditions for agents ad litem to read papers and arrange places for reading papers. When necessary, the clerk or other court staff shall be present.
Article 3 If an agent ad litem needs to consult the relevant materials of this case in the course of litigation, he shall contact the clerk or judge of this case in advance; Consult the relevant materials of the cases that have been tried and concluded, and contact the staff of the relevant departments of the people's court.
Article 4 When consulting the relevant materials of a case, an agent ad litem shall produce valid certificates such as lawyer's certificate or identity card.
To consult the relevant materials of a case, a case-related material review form shall be filled in.
Article 5 The case materials consulted by an agent ad litem in litigation are limited to the trial volume and the execution volume of the case, including the indictment, the defense, the court record and all kinds of evidence materials.
After the trial of a case, you can consult the main volume of the case trial volume.
Article 6 After consulting the relevant materials of this case, the agent ad litem shall promptly return all the materials of this case to the clerk or other staff responsible for keeping the files.
The clerk or other court staff shall conduct a face-to-face investigation of the case materials returned by the litigation agent, and endorse the marking sheet after it is correct. The tag sheet should be attached.
An agent ad litem shall not take the consulted case materials out of the marking place designated by the court.
Article 7 An agent ad litem may extract or copy the case materials when consulting them. Case materials involving state secrets shall be handled in accordance with relevant state regulations.
Reproduction of case materials shall be subject to the consent of the file management personnel. An agent ad litem may request the archives management department to stamp the copied materials for confirmation when copying the relevant materials of a case that has been tried and concluded.
You can charge necessary fees for copying case materials.
Article 8 An agent ad litem shall keep confidential when consulting case materials involving state secrets, commercial secrets and personal privacy.
Article 9 An agent ad litem shall not alter, damage or extract the case materials when consulting them.
If an agent ad litem modifies, damages or extracts the case file, the people's court may refer to the provisions of Item (1) of Paragraph 1 of Article 102 of the Civil Procedure Law.
In criminal cases, defense lawyers are essential. At the stage of investigation and trial, lawyers can consult the files, but they must bring all relevant materials. Not all files can be consulted at will. If necessary, you can copy the relevant materials, but you can't bring the original.