Inquiries about case files are not allowed. The law does not allow criminal suspects to read the file materials, and criminal files are confidential. Institutions such as the Public Prosecution Law will not provide all 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. The case file refers to the evidence, records and legal documents on which the administrative actions of administrative subjects are based, as well as written materials composed in a certain order. The case file is an important basis for making the process of administrative behavior and supporting the legitimacy of administrative behavior. The contents of the file include the cover of the file, the contents of the file, the detention certificate, the notice of detention, the decision on bail pending trial, the notice of execution, the notice of the obligation of the guarantor pending trial, the guarantee of bail pending trial, the lawyer's practice certificate, the certificate and power of attorney of the law firm, the opinions of the defense lawyer and the back cover of the file. The litigation volume is the file that the investigation organ transfers to the procuratorial organ to enter the litigation procedure. If the file approving the arrest is submitted, it will be transferred to the file of the prosecution department of the procuratorate after investigation.
Article 40 of the Criminal Procedure Law of People's Republic of China (PRC) * * * Since the people's procuratorate examines and prosecutes 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.
What are the conditions of the case file?
This document must meet the following conditions:
1, the case file materials must be related to the case, all materials related to the case must be obtained by legal means, and the evidence against the administrative counterpart must have been cross-examined in the administrative procedure;
2. Any evidence or various written materials obtained by the administrative subject after the end of the administrative procedure do not become part of the case file, but they do not serve as the basis for making an administrative act, and an exception can be made;
3. The file is formed after the administrative procedure, and once it is formed, the case will be closed.