According to the relevant regulations, the parties to a criminal case have no right to access the case file after they are released from prison, because the criminal case file is confidential and can only be accessed by the defendant's defense lawyer, and the parties have no right to access it at any time. In the investigation stage, lawyers can't consult the materials in the public security organs, only when they are transferred to the procuratorate.
In the process of handling a case, the reconnaissance organ will show some evidence to the suspect, and the suspect will also make a confession and excuse. These are all part of the case file. During the trial, the procuratorate will also produce some evidence materials in the court investigation and court debate procedures. At this time, the suspect was present and some files could be seen.
According to the law of our country, defense lawyers can consult, extract and copy the case files from the date when the people's procuratorate examines and prosecutes the case. Other defenders, with the permission of the people's courts and people's procuratorates, may also consult, extract and copy the case files.
The main contents that lawyers should master when consulting case files are as follows:
1, the review of the indictment focuses on what crime is charged, the motive, purpose, time, place, means, circumstances and consequences of the crime, the position and role of the defendant in the crime, the severity of the crime, whether there is a lighter, mitigated or exempted punishment, and whether there are circumstances to pursue criminal responsibility. Examining whether the legal provisions cited in the indictment are appropriate;
2. Lawyers can have a general understanding of the evidence system and types of the case by consulting the evidence list and witness list, and check the relationship between the "main evidence" materials that have been transferred and the evidence materials that have not been transferred to prove the facts of the case. Find out the role of other witnesses in proving the facts of this case through the list of witnesses listed by the procuratorate, and find out how to carry out the investigation and collection of these evidences and the evidence beneficial to the defendant by meeting with the defendant;
3. Review the photocopies and photos of the main evidence to find out whether the evidence of the defendant's conviction in this case is sufficient and true, which evidence has doubts and contradictions, so as to classify and exclude it, which evidence needs to be investigated and verified immediately, which evidence needs to be met with the defendant to understand, and which evidence needs to be verified during court investigation.