Can lawyers look at the files before the next arrest?
1. Can the lawyer look at the file before the next arrest? No, according to the provisions of China's criminal procedure law, the time for lawyers to exercise the right to read papers is from the date of case review and prosecution. In most cases, the time of arrest is before the time of review and prosecution. After the arrest, the lawyer can meet the client, but it does not necessarily mean that the lawyer has the right to read and copy the case file after entering the stage of examination and prosecution, but the lawyer is not allowed to show the case file to the client and his family. Therefore, the parties and their families have never seen the file. Of course, the evidence that the procuratorate accused the suspect of committing a crime needs to be presented in court for cross-examination. In other words, during the trial, the parties and their families can hear or see the evidence cited by the public prosecutor. 2. Can I get bail pending trial after my arrest? It is relatively more difficult to get bail pending trial after arrest, but it is not impossible. Even if the public security stage is unsuccessful, the prosecution department of the procuratorate can still actively strive for bail pending trial. If the performance is good and the consequences are not serious, even if the bail pending trial fails, you can try your best to win probation in court. Of course, within the scope permitted by law, the legal operation method still pays attention to certain skills. Conditions for obtaining a guarantor pending trial: Article 67 Conditions and Enforcement of Obtaining a guarantor pending trial The people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances: (1) Those who may be sentenced to public surveillance, criminal detention or independently apply additional punishment; (two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger; (3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger; (four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial. Bail pending trial shall be executed by the public security organ. In addition, according to Item 7 of Article 37 of the the Supreme People's Procuratorate Rules, a criminal suspect who holds a valid passport or other valid exit documents can leave the country to evade investigation, but he does not need to be arrested and can be released on bail pending trial. According to the fifth and seventh items of Article 63 of the Regulations of the Ministry of Public Security, if the procuratorate refuses to approve the arrest and needs reconsideration and review, and if it is transferred to prosecution, the procuratorate decides not to prosecute, and the criminal suspect who needs reconsideration and review may also be released on bail pending trial. Lawyers themselves know best whether the current case can be referred to. According to the provisions of the Criminal Procedure Law, lawyers can only consult the relevant files after the case is submitted to the procuratorate. At the same time, when reviewing the case file, lawyers are not allowed to disclose the case file materials to criminal suspects and their families without permission. The file is a record of some vital materials and documents in the whole criminal case, which cannot be changed and handled casually.