1. In criminal cases, the parties themselves can't read the newspaper, so they can only consult with their attorneys;
2. According to the regulations, the complainant in a criminal appeal case cannot directly consult the criminal case file of this case. Only the defense lawyer entrusted by him can consult the relevant files with the consent of the court;
3. Can the parties apply to the court to copy the case file? The time limit for prosecution of criminal cases shall be counted from the date of committing the crime; If the criminal act has a continuous or continuous state, it shall be counted from the date when the criminal act ends; If a crime is committed within the time limit for prosecution, the time limit for prosecution of the former crime shall be counted from the date when the latter crime is committed. For those who want to sue for more than 20 years, they need to report to the Supreme People's Procuratorate for approval. The length of the specific limitation period of criminal prosecution is determined by the statutory maximum penalty. According to the Criminal Procedure Law, the evidence in criminal proceedings can be material evidence, documentary evidence, witness testimony, victim's statement, criminal suspect's confession and defense, expert opinions, transcripts such as inquest, inspection, identification and investigation experiments, audio-visual materials and electronic data; All the materials that can be used to prove the facts of the case are evidence. The evidence must be verified.
Time limit and limitation of criminal prosecution
The statute of limitations for prosecution of criminal cases is five years if the maximum penalty is fixed-term imprisonment of not more than five years, ten years if it is fixed-term imprisonment of not less than five years, fifteen years if it is fixed-term imprisonment of not less than ten years, and twenty years if it is life imprisonment or death penalty. Twenty years later, if it is considered necessary to prosecute, it must be reported to the Supreme People's Procuratorate for approval.
The meaning of limitation of prosecution and limitation of prosecution is the same, which refers to the effective period of criminal responsibility for criminals stipulated in the criminal law. That is to say, for crimes with different statutory sentencing, there are different prescription periods to urge the parties to exercise their rights. If a crime has passed the limitation period for prosecution, criminal responsibility shall not be investigated. The difference between the limitation of prosecution and the limitation of prosecution: the limitation of prosecution refers to the effective period of investigating crimes or violations in accordance with the provisions of the criminal law. If the time for reporting a criminal act exceeds the limitation period prescribed by law, legal responsibility shall not be investigated; If the legal responsibility has been investigated, the case should be dismissed. The limitation period of prosecution of criminal cases is to stipulate different limitation periods according to the severity of punishment for various crimes by law.
When determining the limitation of prosecution for a specific crime, the limitation of prosecution shall be calculated according to the nature and circumstances of the crime, the corresponding provisions or sentencing range stipulated in the specific provisions of the Criminal Law, and the statutory maximum penalty:
(1) For a clause that only specifies the range of sentencing, the limitation period for prosecution shall be determined according to the statutory maximum penalty of the clause.
(2) If there are more than two different sentencing ranges in a provision, the limitation period for prosecution shall be determined according to the statutory maximum penalty corresponding to the crime in the provision.
(3) If the penalty of the crime is stipulated in sub-clauses, the time limit for prosecution shall be determined according to the statutory maximum penalty of the clause to which the crime shall apply.
I hope the above questions can help you. If you have other legal questions, please consult a professional lawyer.
Legal basis: People's Republic of China (PRC) Civil Procedure Law.
Article 48
Citizens, legal persons and other organizations may be parties to civil litigation. A legal person shall file a lawsuit by its legal representative. Other organizations are sued by their principal responsible persons.
Article 49 A party has the right to entrust an agent to apply for withdrawal, collect and provide evidence, debate, request mediation, file an appeal and apply for enforcement.
The parties may consult the relevant materials of this case and copy the relevant materials and legal documents of this case. The scope and methods of consulting and copying relevant materials in this case shall be stipulated by the Supreme People's Court.
The parties must exercise their litigation rights in accordance with the law, abide by the litigation order, and perform legally effective judgments, rulings and conciliation statements. Article 61
Lawyers and other agents ad litem have the right to investigate and collect evidence, and may consult relevant materials of this case. The scope and methods of consulting relevant materials in this case shall be stipulated by the Supreme People's Court.
Provisions of the Supreme People's Court on the parties' access to civil case materials
first
Lawyers and other agents ad litem who represent civil litigation have the right to consult the relevant materials of the cases they represent. However, the agent ad litem's access to the case materials does not affect the trial of the case.
When an agent ad litem applies for retrial, he may consult the relevant materials that the case he represents has been tried and concluded.
second
The people's court shall provide convenient conditions for agents ad litem to read papers and arrange places for reading papers. When necessary, the clerk or other court staff shall be present.
essay
If an agent ad litem needs to consult the relevant materials of this case in the course of litigation, he shall contact the clerk or judge of this case in advance; Consult the relevant materials of the cases that have been tried and concluded, and contact the staff of the relevant departments of the people's court.
Criminal procedure law
Article 40
From the date when 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 43
With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to the case from them, apply to the people's procuratorate or the people's court to collect and obtain evidence, or apply to the people's court to notify witnesses to testify in court.