A defense lawyer shall consult, extract and copy the case files of a criminal case from the date when the people's procuratorate examines and prosecutes the criminal case. Other defenders may also consult, extract and copy the above materials with the permission of the people's court and the people's procuratorate.
Legal objectivity:
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. Article 41 of the Criminal Procedure Law of People's Republic of China (PRC): Defenders have the right to apply to the People's Procuratorate and the People's Court for retrieval if they think that the evidence materials collected by the public security organs and people's procuratorates in the process of investigation, examination and prosecution to prove the innocence of the criminal suspect or defendant or the light crime have not been submitted.