Can a lawyer see the client before a criminal case is arrested by the procuratorate? Or can lawyers consult the file materials?

Before the procuratorate approves the arrest, the lawyer can see the parties to the criminal case. It only belongs to the investigation stage of public security organs, and the meeting needs approval. When the case is transferred to the court, the lawyer can formally read and copy the case file.

1. A criminal suspect may hire a lawyer to provide legal aid after the first interrogation by the investigation organ or from the date when compulsory measures are taken, and the entrusted lawyer may meet the criminal suspect in custody. Because there is no specific stipulation about which cases are confidential, some investigation agencies label them as confidential and set up customs cards when examining and approving them, which makes the lawyer's right to meet meaningless.

Two, after the transfer of review and prosecution, lawyers can read the papers.

Article 150 of the Criminal Procedure Law stipulates that the file materials provided by the public prosecution only include the indictment and "the list of evidence, the list of witnesses and the copies or photos of the main evidence".

Extended data:

Criminal procedure law

Article 85 When a public security organ requests the arrest of a criminal suspect, it shall write a letter of approval of the arrest, and submit it to the people's procuratorate at the same level for examination and approval together with the case files and evidence. When necessary, the people's procuratorate may send people to participate in the discussion of major cases by public security organs.

Article 86 After the people's procuratorate has examined and approved the arrest, it may interrogate the criminal suspect. In any of the following circumstances, the criminal suspect shall be interrogated:

(1) Having doubts about whether the conditions for arrest are met;

(2) The criminal suspect requests to make a face-to-face statement to the procurator;

(3) There may be major illegal acts in the investigation activities.

When examining and approving an arrest, the people's procuratorate may question witnesses and other participants in the proceedings and listen to the opinions of defense lawyers; If a defense lawyer makes a request, he shall listen to the opinions of the defense lawyer.

Article 87 Whether to examine and approve the arrest of a criminal suspect shall be decided by the people's procuratorate. Major cases shall be submitted to the procuratorial committee for discussion and decision.

Article 88 After examining the cases submitted by the public security organs for approval of arrest, the people's procuratorate shall decide whether to approve the arrest or not according to the circumstances.

The public security organ shall immediately implement the decision to approve the arrest and notify the people's procuratorate of the implementation in time. If the arrest is not approved, the people's procuratorate shall explain the reasons, and if supplementary investigation is needed, it shall also notify the public security organ.

Baidu Encyclopedia-Arrest Approved