Provisions on access to files by parties in criminal cases

Legal analysis: Generally speaking, the law does not allow criminal suspects to view the case files, and criminal case files are confidential. Institutions such as the Public Prosecution Law will not provide you with all the materials according to the case file. In the investigation stage, lawyers can't consult the materials in the public security organs, only when they are transferred to the procuratorate.

Although lawyers can read the case file, the Lawyers Law also stipulates that lawyers may not disclose the case file materials to the parties. So the suspect can't see the file.

In the process of handling a case, the reconnaissance organ will show some evidence to the suspect, and the suspect will also make a confession and excuse. These are all part of the case file.

During the trial, the procuratorate will also produce some evidence materials in the court investigation and court debate procedures. At this time, the suspect was present and some files could be seen.

Legal basis: Article 40 of the Criminal Procedure Law of People's Republic of China (PRC). From the date when the people's procuratorate examines and files the case, the defense lawyer may consult, extract and copy the case file. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.