Generally speaking, the law does not allow suspects to view the case file materials, criminal files are confidential. Public prosecutors and law enforcement agencies will not provide you with all by case file materials. In the investigation stage when the lawyer can not access the material in the public security organs, only when transferred to the procuratorate said time can.
Lawyers can see the case file, but the Lawyers Law also provides that lawyers shall not disclose the case file materials to the client. So the suspect is not allowed to see the case file.
The investigating authorities will present some of the evidence to the suspect in the course of the case, and the suspect will also make a confession and defense. These are all part of the case file material.
In the trial process, the prosecutor's office will also be in the court investigation and court debate program to present some of the evidence, this time the suspect is present, can also see part of the case file materials.
Article 40 of the Criminal Procedure Law, defense lawyers may, from the date of the people's procuratorate's examination and prosecution of the case, inspect, excerpt and copy the case file materials of the case. Other defenders, with the permission of the people's court or people's procuratorate, may also inspect, excerpt or copy the said materials.
Article 38 of the lawyers law shall be kept in the practice of lawyers shall be kept in the knowledge of state secrets, commercial secrets, shall not disclose the privacy of the client.
Lawyers in the practice of law known to the client and other people do not want to disclose the situation and information, shall be kept confidential. However, the client or other people are prepared to or are committing endangering national security, public **** security, as well as serious harm to the personal safety of others, except for the facts and information of the crime.
expanded information:
lawyers in the examination of the file materials should grasp the content:
(1) the indictment review. Focus on the review of the indictment accuses of what crime, the motive, purpose, time, place, means, circumstances, consequences, etc., *** with the defendant in the crime in the status of the role of the crime, the severity of the crime, whether or not the mitigation, mitigation, or exemption from punishment, whether or not not the circumstances of criminal responsibility. Review of the indictment cited legal provisions are appropriate.
(2) review of the evidence catalog and witness list. Counsel to review the evidence catalog and witness list, can have a general understanding of the case of the evidence system and the type of evidence, and check the transfer of the "main evidence" material and not yet transferred evidence material to prove the facts of the case in relation to each other.
Through the prosecutor's office of the witness list examples of other witnesses to the facts of the case, and through the defendant to understand the evidence and witnesses to the defendant's favorable evidence of the investigation and collection of the next step how to carry out.
(3) the review of the main evidence copies and photographs. Through the review of the main evidence to understand the case of the defendant's conviction of the evidence is sufficient, indeed, which evidence there are doubts and contradictions in order to categorize and exclude, which evidence needs to be immediately investigated and verified, which evidence needs to meet with the defendant to understand, and which evidence needs to be verified in the course of the court investigation.
References: Supreme People's Procuratorate - Criminal Procedure Law