Is the criminal case file a state secret?

Of course, not all criminal files are state secrets, just "tracing the secret matters in the crime". Tracing here refers to matters that need to be kept secret in the criminal investigation stage. For example, when a criminal case enters the stage of examination, prosecution and trial, it generally does not involve state secrets, especially when the case is heard in public.

I. Five stages of criminal proceedings

The five major procedures of the Criminal Procedure Law are: 1, filing a case. If it is believed that the incident has criminal facts, the criminal should be investigated for criminal responsibility, and the case should be filed to start criminal proceedings; 2, investigation, investigation has two purposes, one is to find criminals, the other is to collect evidence that can prove the facts of the case; 3. Review and prosecute. After the procuratorate receives the case transferred by the investigation organ, the case enters the stage of examination and prosecution; 4. In the trial stage, after receiving and examining the cases transferred by the procuratorate, the court will generally hold a public hearing except for cases involving state secrets or personal privacy; 5. implementation. The subjects of execution are people's courts, public security organs and prisons.

Second, at what stage can criminal lawyers intervene?

Lawyers' involvement in criminal cases can be divided into three stages, namely, criminal investigation stage, examination and prosecution stage and public prosecution trial stage. In the criminal investigation stage, it is still necessary to apply to the criminal investigation department, which will arrange a meeting within 48 hours. The investigation department may decide whether to send personnel to the scene according to the circumstances of the case, but lawyers involved in criminal cases involving state secrets should be approved by the investigation department at this stage. However, in practice, due to the need of case investigation, the investigation department has always held an opposing attitude towards lawyers meeting criminal suspects. The so-called 48-hour time limit is like a piece of waste paper. Lawyers in the stage of examination and prosecution and the stage of public prosecution and trial can meet with criminal suspects and defendants at any time during working hours without applying to judicial organs in advance.

3. Can a lawyer tell his family in court?

If a lawyer circulates a prosecution opinion with the word "secret" to the parties or their families, it is likely to constitute a crime of intentionally or negligently revealing state secrets and be subject to criminal punishment. In judicial practice, it is controversial whether the case file materials obtained by lawyers in the stage of examination and prosecution, including prosecution opinions, belong to state secrets and whether disclosure will constitute the crime of intentionally or negligently revealing state secrets. However, the Provisions on State Secrets and Their Specific Scope in Procuratorial Work clearly stipulates that criminal investigation files belong to state secrets.