At the stage of examination and prosecution by the procuratorate, the parties may also entrust lawyers to defend themselves. In the process of defense, the lawyer will re-investigate the case first, and the defense lawyer can consult, extract and copy the case file. If the defense lawyer requests to copy the relevant audio and video recordings, it should be allowed, but it should not be made public if it involves secrets or privacy.
legal ground
"Several Provisions of the Supreme People's Court on Audio-visual Recording of Trial" Article 11 The parties, defense lawyers and agents ad litem may copy or transcribe the audio-visual recording of trial in accordance with the provisions, and the people's court shall be equipped with corresponding facilities when necessary.
Article 9 Observers must observe the following disciplines:
(1) Audio recording, video recording and photography are prohibited;
(two) are not allowed to walk around and enter the trial area;
(3) don't speak, don't ask questions;
(4) Do not clap, make noise, make noise or commit other acts that hinder judicial activities.
Tenth new media staff should abide by these rules. Without the permission of the presiding judge or the sole judge, no audio recording, video recording or photography is allowed during the trial.
Provisions of the People's Court on Audio and Video Recording of Court Trials
(adopted at the1708th meeting of the judicial Committee of the Supreme People's Court on 20 17125 October, and effective as of 20125 March).
In order to protect the litigation rights of litigation participants, standardize trial activities, improve trial efficiency, deepen judicial openness and promote judicial justice, these Provisions are formulated in accordance with the Criminal Procedure Law of People's Republic of China (PRC), the Civil Procedure Law of People's Republic of China (PRC) and the Administrative Procedure Law of the People's Republic of China, combined with the actual trial work.
Article 1 When trying a case, the people's court shall record and video the whole trial.
Article 2 The people's court shall equip the court with fixed or mobile audio and video recording equipment.
Conditional people's courts can install and use intelligent speech recognition synchronous text conversion system in the court.
Article 3 The audio and video recording of the trial shall begin when the trial is announced and end when the trial ends. Except in the following circumstances, the audio and video recording of the trial shall not be interrupted artificially:
(1) recess.
(2) Evidence-giving and cross-examination activities in public trials;
(three) mediation activities that are not suitable for recording.
The person in charge of audio and video recording shall record the starting and ending time of audio and video recording, whether there is any interruption, etc. And attach a roll.
Article 4 The people's court shall take measures such as overlapping and synchronizing the recording time to ensure the truthfulness and completeness of the audio and video recordings of the trial.
If the audio and video recording is untrue or incomplete due to equipment failure or technical reasons, the person in charge of the audio and video recording shall make a written explanation, which shall be attached after being examined and signed by the presiding judge or the sole judge.
Article 5 The people's court shall use special equipment to store and back up the audio and video recordings of court hearings online or offline. Audio and video materials that do not meet the technical standards due to equipment failure and other reasons shall be kept together.
The filing of audio and video materials of trial shall be carried out in accordance with the Provisions of the People's Court on the Administration of Electronic Litigation Files.
Article 6 The trial transcripts generated by the people's court through synchronous conversion with the intelligent voice recognition system shall be checked and signed by the judges, clerks and participants in the proceedings and used as the trial transcripts for management.
Article 7 If a litigant participant disagrees with the transcript of the trial and applies for correction, the court clerk may play the audio and video of the trial to check and correct it; If no correction is made, the application shall be recorded.
Article 8 With the consent of the parties, audio and video recordings of civil cases in summary procedure may be used instead of court transcripts.
Article 9 The people's court shall synchronously store the audio and video materials of the trial in the server to replace the transcripts of the trial or burn them into a CD-ROM, and the parties and other participants in the proceedings shall sign their names or confirm their integrity check values by other means.
Article 10 The people's court shall provide convenience for the parties, their defense lawyers and agents ad litem. Access to trial audio and video recordings according to law through convenient litigation service platforms such as trial process information disclosure platform and litigation service platform.
The people's court shall take necessary security measures for audio and video materials for inspection.
Eleventh parties, defense lawyers, agents ad litem, etc. The audio and video recordings of the trial may be copied or transcribed in accordance with the provisions, and the people's court shall be equipped with corresponding facilities when necessary.
Article 12 A people's court may broadcast audio and video recordings of court hearings in which cases are heard in public according to law.
Article 13 If a participant in a lawsuit or an observer violates court discipline or relevant laws and regulations, endangering court security and disturbing court order, the people's court may conduct investigation and verification through audio and video recordings of court hearings, as evidence for investigating legal responsibilities.
Article 14 If a people's procuratorate or a litigant participant thinks that the trial activity is not standardized or violates the law, the people's court shall investigate and verify it by combining the audio and video recordings of the trial.
Article 15 Without the permission of the people's court, no one may record or video-record the trial activities, or record, copy, delete or transfer the recording or video-recording of the trial.
If the actor commits the act mentioned in the preceding paragraph, he shall be investigated for corresponding responsibility in accordance with the provisions.
Article 16 The recording and video recording of court trial activities involving state secrets, commercial secrets and personal privacy, as well as the storage, inspection, copying and transcription of court trial audio and video materials, shall comply with the relevant provisions on confidentiality management.
Seventeenth technical support, technical standards and technical specifications related to the audio-visual recording of court hearings shall be formulated separately by the Supreme People's Court.
Eighteenth people's courts engaged in other judicial activities or execution, hearing, visit and other activities need to be recorded, with reference to these provisions.
Article 19 These Provisions shall come into force on March 1 day, 2065. If the judicial interpretations and normative documents previously issued by the Supreme People's Court are inconsistent with these Provisions, these Provisions shall prevail.