A lawyer can see the file within the period of examination and prosecution?
Review prosecution period lawyer can not see the file, in the prosecutor's office has not been under arrest order before the lawyer generally can not see the file, most of the criminal case arrest time in the review of prosecution time before, and lawyers to exercise the right to read the file from the date of the case review prosecution time. From the suspect was detained in criminal detention after the lawyer can see the suspect, but not necessarily after criminal detention can see the case file. Lawyers in the case file into the examination and prosecution stage, the right to read and copy the case file materials, but lawyers are not allowed to the case file materials to the client and family members to see. So the parties and their families always can not see the file, of course, the prosecutor's office accuses the suspect of the evidence are required to court evidence, that is to say, the trial, the parties and their families can hear or see the prosecutor cited evidence.Two, after the arrest can be released on bail pending trial?
After the arrest of the bail pending trial is relatively more difficult, but not impossible, even if the public security stage is not successful, to the Prosecutor's Office Prosecution Division can still actively seek bail pending trial. If the performance is good, the consequences are not serious, even if the failure to obtain bail pending trial, but also in the court stage to strive for probation. Of course, within the scope of the law, the legal practice, or to pay attention to certain skills.Three, bail conditions:
1, may be sentenced to control, detention, or independent application of additional punishment. That is, the suspect, the defendant is a lesser crime, there is no need to arrest, but there is a possibility of evading investigation, prosecution and trial and other obstacles to the smooth progress of the proceedings, should be used to obtain bail pending trial 2, may be sentenced to fixed-term imprisonment or more penalties, to take the bail pending trial will not lead to the occurrence of social dangers. That is, the suspect, the accused of a more serious crime, but in taking the bail pending trial does not lead to social danger, and there is no need to arrest, should be used to obtain bail pending trial 3, should be arrested, but suffering from a serious illness, it is not appropriate to detain, such as due to illness, life can not take care of themselves, can be released on bail pending trial 4, according to law, should be arrested, but is pregnant or breastfeeding their own babies. With such circumstances, found before the arrest, it can not decide to arrest; found after the arrest, it should be changed to change the compulsory measures, the use of bail pending trial 5, has been detained in accordance with the law of criminal suspects, after questioning, examination, that need to be arrested, but there is insufficient evidence. This refers to the detainee may be sentenced to fixed-term imprisonment or more, but the lack of sufficient evidence to prove that they have the facts of the crime, in the detention of the legal period of time can not be collected to the corresponding evidence, and the need to continue to collect evidence of the situation. 6, has been arrested and detained suspects, defendants, in the legal investigation, prosecution, first trial, second trial of the case can not be concluded within the time limit, the use of bail pending trial method is not socially dangerous. In addition, according to the Supreme People's Procuratorate "Rules", Article 37, paragraph 7 of the provisions of the valid passport or other valid exit documents, may leave the country to evade investigation, but do not need to arrest the suspect, can be released on bail pending trial. According to the Ministry of Public Security "Provisions" Article 63, paragraphs 5 and 7 of the provisions of the arrest, the procuratorate authorities do not approve the arrest, need to reconsider, review, transfer to the prosecution, the procuratorate decided not to prosecute the criminal suspects of the cases that need to be reconsidered, reviewed, can also be released on bail pending trial. Volume in the review of the prosecution during the four lawyers can not view, even those who have access to the file of public officials, but also can not speak of the content of the file to tell other subjects. Lawyers in the prosecution during the review of the main responsibility is to collect evidence, to maximize the protection of the rights and interests of the parties, if access to the file, may be punished.