What will happen if the defender leaks the criminal case file?
The consequences of the defender's disclosure of criminal files are not clearly defined. Suspected of leaking state secrets.
Criminal Law Article 398 Crime of Intentional Disclosure of State Secrets Crime of Negligence of State Secrets State functionaries who intentionally or negligently disclose state secrets in violation of the provisions of the Law on Guarding State Secrets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Non-state employees who commit the crimes mentioned in the preceding paragraph shall be punished as appropriate in accordance with the provisions of the preceding paragraph.
Every criminal case contacted by defense lawyers involves the issue of state secrets. Although defense lawyers and public prosecution organs belong to the equal rights of prosecution and defense in court, in judicial practice, their rights and obligations are not equal. Therefore, defense lawyers should properly keep every file they consult and copy, and there can be no mistakes.
If the defense lawyer presents the case file when meeting with the defendant, and the defendant recants, it will be suspected of revealing state secrets;
In the process of receiving the defendant's family, if the defense lawyer is taken away by him without properly keeping the case file materials, or the relevant evidence materials in the case file are taken away by him with a digital camera, it will also be suspected of leaking state secrets;
If the defense lawyer shows the case file to the defendant and his family after the trial of a case involving state secrets, even after the trial of the case, it will also be suspected of leaking state secrets.
If the defense lawyer deliberately shows the secrets of the case materials to the defendant and his family, once the case materials or information obtained by the defendant and his family are used to collude to reduce the criminal responsibility of the defendant, threaten the witness to change his testimony, or destroy the evidence, which will hinder the normal investigation, prosecution and trial, it will bring incalculable losses and serious legal consequences to the defense lawyer himself and even the whole lawyer industry.
In view of the fact that the crime of revealing state secrets can be constituted by intention or negligence. Therefore, every defense lawyer must be very careful not to inadvertently provide the parties with the opportunity to consult and copy the files, let alone deliberately provide the parties with the opportunity to consult and copy the files. Otherwise, it will be investigated for criminal responsibility or administrative punishment by the judicial administrative department.
In judicial practice, it is not uncommon for defense lawyers to be investigated for criminal responsibility or punishment by the judicial administrative department for intentionally or negligently showing the case files to the defendants and their families, and the lessons are profound.
Of course, it should also be emphasized that the premise of the crime of leaking state secrets is that the leaked state secrets must be serious. If the defense lawyer presents the case file materials to the defendant and his family, whether intentionally or negligently, if the circumstances are not serious, it does not constitute a crime. However, even if the circumstances are not serious and do not constitute a crime, they may be subject to administrative punishment by the judicial administrative department. Therefore, every defense lawyer must be highly vigilant, absorbed and never careless.
If the defender leaks the case file, it will be suspected of leaking state secrets, and some will also constitute the crime of leaking state secrets. The premise of the crime of leaking state secrets is that the leaked state secrets must be that the defender also has the responsibility to protect the file from being leaked. The above is the answer to your question.