1, access indictment
The indictment is a legal document that the procuratorial organ brings a lawsuit to the court, and it is also a conclusive document of the procuratorial organ on the case. Lawyers' criminal defense activities are mainly aimed at indictments. Therefore, defense lawyers must carefully read and study the indictment. The main contents of its investigation are: whether the criminal facts and circumstances identified in the indictment are clear; Whether the evidence is true and sufficient; Whether the determination of the nature and charges of the crime conforms to the relevant provisions of China's criminal law and other laws and regulations; Whether the defendant has reached the age of criminal responsibility; Whether the defendant has criminal responsibility; Whether the defendant has a certain criminal subject identity; Whether the defendant has a criminal record; Whether the defendant surrendered himself; Whether there are conditions that can be lightened, mitigated or exempted from criminal punishment; Whether criminal responsibility should not be investigated or not.
2. Consult other files and materials.
Other files consulted by lawyers include the public security pre-trial volume, the supplementary investigation volume of the procuratorate and the investigation volume of the court.
Lawyers are not allowed to consult the records of judicial committees and collegiate benches and clues related to other cases.
For * * * joint crime cases, lawyers should consult not only the case files of defendants who entrust themselves to defend, but also the case files of other defendants in the same case. If other defendants are handled separately, they should also be used as data of the same crime for reference.
Conclusion: Lawyers can read newspapers before the court files a case.