Lawyers have the right to consult criminal case files, which are materials related to criminal cases. It is of great significance to consult the case file for understanding the criminal case, but the parties to the case cannot consult the case file, but they can entrust a lawyer to consult it, but only at the stage of examination and prosecution.
Second, where to check the criminal case file?
The case materials of criminal cases are divided into two categories, one is litigation documents and technical appraisal materials, and the other is all case materials. These two categories are included. The reason for this classification is that they enjoy different rights in the provisions of the Criminal Procedure Law.
1. At the investigation stage, lawyers can't see either of these two categories. According to the law, they can only know the charges and places of detention from the investigation organs. Lawyers know the case, they can know the case by meeting the criminal suspect, and then provide them with legal help.
2. In the stage of examination and prosecution, according to the provisions of the Criminal Procedure Law, the files that lawyers can see are the first category, that is, litigation documents and technical appraisal materials. The so-called litigation documents refer to prosecution opinions, detention and arrest notices, filing decisions, etc. The so-called technical appraisal materials include judicial appraisal and price evaluation reports. At present, most provinces and cities in China are implementing this method. The new Lawyers Law stipulates that the entrusted lawyer has the right to consult, extract and copy the litigation documents and files related to this case from the date of case review and prosecution. Not limited to technical appraisal materials. This is a lawyer's law, ahead of the criminal procedure law. This is a trend of legal reform, but due to various reasons, the new Lawyers Law has not been effectively implemented, and the case materials that lawyers can see in most provinces and cities in China are limited to litigation documents and technical appraisal materials stipulated in the Criminal Procedure Law. In Beijing, the case has been examined and prosecuted by the procuratorate, and lawyers have been able to see almost all the case materials, including confessions. Beijing's practice has set an example for other provinces and cities in China.
3. At the trial stage, according to the provisions of the Criminal Procedure Law and the Lawyers Law, lawyers can see "all materials related to the case", including confessions and witness testimonies. However, according to the provisions of the Criminal Procedure Law, the procuratorate can only submit a "list of evidence, a list of witnesses and a copy of the main evidence" to the court. At this time, the lawyer can know all the evidence according to the evidence list and copy all the "main evidence" submitted to the court. After the case is opened, the procuratorate will hand over all the case materials to the court. At this time, the defense lawyer can see all the case materials. Therefore, lawyers of second instance can sometimes be more targeted, because lawyers of second instance can see all the case materials, while lawyers of first instance can sometimes only see the "main evidence".
Third, what should lawyers grasp when consulting case files?
(1) indictment review. Focus on what crime is charged, the motive, purpose, time, place, means, circumstances and consequences of the crime, the position and role of the defendant in the crime, the severity of the crime, whether there is a lighter, mitigated or exempted punishment, and whether there is criminal responsibility. Review whether the legal provisions cited in the indictment are appropriate, etc.
(2) Review the evidence list and witness list. Lawyers can roughly understand the evidence system and types of the case by consulting the evidence catalogue and witness list, and check the relationship between the "main evidence" materials collected and the evidence materials that have not been collected to prove the facts of the case. Through the list of witnesses listed by the procuratorate, we can understand the role of other witnesses in proving the facts of this case, and through meeting with the defendant, we can understand how to carry out the investigation and collection of these evidences and witnesses' evidence beneficial to the defendant.
(3) Review of photocopies and photos of main evidence. Through the review of the main evidence, we can know whether the evidence of the defendant's conviction in this case is sufficient and true, which evidence has doubts and contradictions, so as to classify and exclude it, which evidence needs to be investigated and verified immediately, which evidence needs to be met with the defendant and which evidence needs to be verified during the court investigation.
For criminal cases, any judicial organ can collect evidence by questioning witnesses and obtaining confessions. And the evidence will form the case file, and the suspect is not allowed to consult it. However, as long as the case is still in the stage of examination and prosecution, they can entrust their own lawyers to make consultation requests to the examination organ.
Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
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.