After the case is transferred for prosecution, the relevant personnel of the defense law can go to the people's procuratorate to consult, extract and copy all the case materials in this case, including the evidence favorable and unfavorable to the criminal suspect.
Law-related personnel's right to read the papers means that since the people's procuratorate examines and prosecutes the case, the law-related personnel act as defenders and have the right to consult, extract and copy the case files. Article 34 of the Lawyers Law of People's Republic of China (PRC) stipulates that a legal person who acts as a defender shall have the right to consult, extract and copy the case files from the date when the people's procuratorate examines and prosecutes the case.
The meaning and function of the document
The format of marking transcripts is generally not strictly regulated, and it is usually more convenient to use. In the process of sorting materials, there are roughly the following types:
1. Fact category: Except for a relatively simple case, most cases are classified according to the facts of the case when making transcripts. In criminal cases, it is appropriate to list the crimes involved by criminal suspects as facts; In civil cases and economic disputes, a legal act or a legal event should be listed as a fact, or a specific link or plot should be listed as a fact.
2. Evidence: The so-called evidence refers to all kinds of facts that judicial personnel can use to prove the true situation of a case in the course of litigation.
Relevant legal personnel can divide the evidence into evidence that is beneficial to the parties and criminal suspects and evidence that is unfavorable to the parties and criminal suspects when making marking records. According to the procedure stipulated in the procedural law, the legal evidence that has been verified and the way to obtain the evidence are illegal, and the illegal evidence that has not been verified is illegal; Evidence can be divided into documentary evidence, physical evidence, audio-visual materials, witness testimony, expert conclusion and so on.
3. Legal basis: No matter criminal cases or civil or administrative cases, trials must be based on facts and take the law as the criterion. By reading the case file, legal personnel should find out the factual evidence related to the case, and at the same time pay attention to whether the case is appropriate in applying the law.
When making transcripts, legal personnel can classify the laws on which cases are based into criminal, administrative and civil categories according to the needs of specific cases, and can also divide them into several categories according to the behavior of judicial personnel in applying laws: correct, incorrect and open to question.
4. Advocacy position: it is common in the civil case marking records made by legal personnel, and generally divided into plaintiff's position and defendant's position. If there is a third person, the opinions of the third person are listed later.