The parties to a criminal case have no right to consult the case file. According to the relevant provisions of China's criminal procedure law, generally speaking, the parties to a criminal case can't inquire about the file information, and only attorneys can consult it.
After the criminal case is closed, the parties can't copy the case file, and only the defense lawyer or other defenders can copy the case file materials, so as to exercise the right of defense when examining and prosecuting.
2. When will you be sentenced to prison?
According to the relevant laws and regulations of our country, the people's court will issue a notice of execution to the public security organ for criminals sentenced to death with a two-year suspension of execution, life imprisonment or fixed-term imprisonment, and the public security organ will hand over the criminals to prison to serve their sentences within one month.
People's Republic of China (PRC) Prison Law
Article 15 A people's court shall serve a notice of execution and a written judgment on a criminal sentenced to death with a two-year suspension of execution, life imprisonment or fixed-term imprisonment to the public security organ where the criminal is detained, and the public security organ shall put the criminal in prison for execution within one month from the date of receiving the notice of execution and the written judgment.
If the remaining sentence of a criminal is less than three months before being handed over for execution, the detention center shall execute it on his behalf.
3. Can I look at the paper when I return to the supplementary survey?
You can read the paper during the return of supplementary investigation.
The handling of criminal cases can be roughly divided into three stages, followed by investigation, prosecution and trial. In the latter two stages, if there are problems with the facts and evidence of the case, supplementary investigation can be carried out. According to the law, lawyers can only read papers from the date of case review and prosecution. If the case is in the investigation stage, the lawyer can't read the newspaper.
Then, can lawyers read the papers during the supplementary investigation? Some people think that supplementary investigation is also investigation, and in order to ensure the smooth progress of investigation activities, lawyers can't read papers. In the stage of examination, prosecution or trial, the decision of supplementary investigation of a case is made by the procuratorial organ, and its task is to meet the needs of examination, prosecution or trial. Even if the supplementary investigation is returned by the public security organ, it is different from the investigation stage before filing the case. The outstanding performance is that the public security organ, as the subject of investigation, no longer has the right to terminate criminal proceedings. Therefore, supplementary investigation is only a litigation link attached to the examination and prosecution stage or the trial stage. More importantly, according to the principle of balance between prosecution and defense, the litigation rights and obligations of both parties in criminal proceedings should be equal. The case entered the stage of examination and prosecution, indicating that the public security organs have completed the collection of evidence, the procuratorial organs began to accuse crimes, and the substantive confrontation between the prosecution and the defense was formally formed. This confrontational state will not be eliminated in the process of supplementary investigation of the case.
If the lawyer can't read the papers at this time, then the lawyer's reading will be untimely and insufficient, and may even lead to judicial personnel abusing supplementary investigation to obstruct the lawyer's reading, which obviously violates the principle of balance between prosecution and defense. To sum up, in the process of supplementary investigation of cases, lawyers should have the right to read papers, which can be directly read by the judicial organ where the case files are located. However, the scope of marking should be limited, that is, only the file materials before supplementary investigation can be consulted, and the evidence materials being retrieved can only be consulted after supplementary investigation, which is also a constraint on the litigation rights of the defense based on the principle of balance between prosecution and defense.