In the examination, prosecution and trial stages of public prosecution cases, defense lawyers have the right to read papers, meet and correspond. General defenders can only exercise the right to read papers if permitted by law. The case file includes the litigation documents and evidential materials of the case.
Relevant laws:
Rules of criminal procedure of the people's procuratorate
Article 47 From the date when the people's procuratorate examines and prosecutes a case, the defense lawyer shall consult, extract and copy the case file. The case file includes the litigation documents and evidential materials of the case.
The people's procuratorate directly accepts the transfer of investigation cases to prosecution, and if the cases examined and prosecuted are returned to supplementary investigation, change jurisdiction or initiate public prosecution, it shall promptly inform the defense lawyers.
Article 48 If a defender other than a lawyer applies to the People's Procuratorate for consulting, extracting and copying case files or meeting with a criminal suspect in custody or under residential surveillance from the date of examination and prosecution by the People's Procuratorate, the department in charge of arrest and prosecution shall conduct an examination, make a decision on whether to approve or not, and notify the applicant in writing within three days.
Criminal Procedure Law of the People's Republic of China
Article 33 the way of defense and the scope of defenders. In addition to exercising the right of defense, criminal suspects and defendants may also entrust one or two people as defenders. The following persons may be entrusted as defenders:
(1) lawyers;
(2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs;
(3) Guardians, relatives and friends of criminal suspects and defendants.
A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender.
A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.
Article 40 A defender has the right to consult the case file. From the date of examination and prosecution by the people's procuratorate, the defense lawyer may consult, extract and copy the case file materials of this case. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.
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