Legal basis: Provisions on Protecting Lawyers' Practice Rights according to Law Article 14 A defense lawyer may consult, extract and copy the case files from the date when the people's procuratorate examines and prosecutes a case, except for the discussion records of the procuratorial committee of the people's procuratorate, the collegiate bench of the people's court and the judicial committee and other materials that cannot be made public according to law. The people's procuratorate and the people's court shall provide convenience for defense lawyers to consult, extract and copy the case files. Where conditions permit, electronic marking can be implemented, and materials can be burned and downloaded. The investigation organ shall, within three days after the case is transferred for examination and prosecution, and the people's procuratorate shall inform the defense lawyer of the case transfer within three days after the public prosecution is initiated. After the case is prosecuted, if the people's procuratorate adjusts or supplements the evidence attached to the case file, it shall promptly inform the defense lawyer. Defense lawyers have the right to consult, extract and copy adjusted or supplemented evidence materials. After the people's procuratorate and the people's court review and decide to file a complaint or protest case, the defense lawyer can consult, extract and copy the case file materials of the case that has been tried and concluded with the lawyer's practice certificate, the certificate of law firm and the power of attorney or the official letter of legal aid to the case file management department and the case handling department that holds the case file.
The people's procuratorate and the people's court shall arrange for defense lawyers to read the examination papers at that time. If it can't be done at that time, it shall explain and arrange for the defense lawyer to read the papers within three working days, and shall not limit the frequency and time of the defense lawyer's reading. Conditional places can set up a marking reservation platform.
People's procuratorates and people's courts shall provide places and facilities for defense lawyers to read papers and equip them with necessary equipment. If the cost of copying materials is incurred, only the work cost will be charged. The expenses incurred by lawyers in handling legal aid cases for copying materials shall be reduced or exempted. Defense lawyers can copy files by copying, taking photos, scanning and copying electronic data. And you can bring a paralegal to help with the marking as needed. The case-handling organ shall verify the identity of the paralegal.
If the file materials consulted, extracted and copied by defense lawyers belong to state secrets, they shall be approved by the people's procuratorate and the people's court, and shall abide by the state secrecy provisions. Lawyers shall not disclose or disseminate important information and files of cases in violation of regulations, and shall not be used for purposes other than defending or representing cases.