Can the parties to a criminal case apply for the disclosure of files and photos?

You can't. The procuratorate keeps secrets when handling cases. Public security files are not made public. If it is a self-investigation case, that is, a corruption and bribery case, it cannot be made public, and it involves state secrets. Lawyers should also observe strict confidentiality requirements when consulting files. Trials are generally held in public. The procuratorate will also regularly destroy copies of these files.

Legal analysis

No need. In the stages of case investigation, prosecution by the procuratorate and court trial, the case files and photos are kept confidential, and no unit or individual may access the case files except the police, prosecutors and judges of the case-handling unit, and the police, prosecutors and judges of the case-handling unit may not disclose the case files. Neither can the parties apply for the disclosure of files and photos. According to the relevant laws, if a criminal suspect or defendant fails to entrust a defender due to financial difficulties or other reasons, he or his close relatives may apply to a legal aid institution. To meet the conditions of legal aid, legal aid institutions shall appoint lawyers to defend them. If the criminal suspect or defendant is a mental patient who is blind, deaf, dumb or has not completely lost the ability to identify or control his own behavior, and has not entrusted a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him. If a criminal suspect or defendant may be sentenced to life imprisonment or death without entrusting a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him.

legal ground

Article 34 of the Criminal Procedure Law of People's Republic of China (PRC) * * * A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures; During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time. When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it. If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender. After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.