I. Acquisition and acceptance of applications
If the parties concerned or relevant institutions need to consult the files of closed criminal cases, they shall first submit a written application to the relevant judicial organs. The application shall state the purpose and scope of the inspection, as well as the identity and authorization of the inspector. After receiving the application, the judicial organ will conduct a review to ensure that the application meets the statutory conditions and procedures. Applications that meet the requirements will be accepted and tourists will be informed to go through the relevant procedures.
II. Access Procedures and Provisions
In the process of inspection, inspectors shall abide by the relevant provisions and procedures of judicial organs. Under normal circumstances, the inspection shall be carried out at the place designated by the judicial organ, and the inspectors shall carry valid identity documents and relevant authorization documents. In the process of consulting, the examiner shall maintain the integrity and confidentiality of the files, and shall not copy, extract or disseminate the contents of the files without authorization. At the same time, visitors should respect the work arrangements of judicial organs and must not interfere with normal judicial activities.
Three. Content and access restrictions
The closed criminal case file contains a lot of case information and evidence materials, but not all of them can be consulted at will. According to the law, contents involving state secrets, personal privacy or business secrets may be restricted or prohibited. In addition, some specific types of cases, such as files involving minors or sensitive cases, may also have special access regulations. Therefore, tourists should understand the relevant restrictions and regulations before consultation to ensure that their actions are legal and compliant.
Fourth, the use of access results.
The purpose of consulting the files of closed criminal cases is usually to understand the facts of the case, collect evidence or conduct academic research. After the inspection, the inspectors shall use the inspection results reasonably and abide by laws, regulations and professional ethics. The test results shall not be used for illegal purposes or infringe upon the legitimate rights and interests of others.
To sum up:
Consulting the files of closed criminal cases is an activity that needs to follow specific procedures and legal provisions. When applying for access, the parties concerned or the relevant institutions shall specify the purpose and scope of access, and abide by the relevant provisions and procedures of the judicial organs. In the process of consulting, the examiner should respect the integrity and confidentiality of the files and make rational use of the consulting results. At the same time, tourists should also understand the relevant restrictions and regulations to ensure that their actions are legal and compliant.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 49 provides that:
From the date when the people's procuratorate examines and prosecutes the case, the defense lawyer may consult, extract and copy the case file. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.
Law of People's Republic of China (PRC) on Guarding State Secrets
Article 32 provides that:
State organs and units shall identify institutions involving top secret or relatively secret state secrets as key departments of secrecy, identify special places for centralized production, storage and custody of state secret carriers as key parts of secrecy, and equip and use necessary technical protection facilities and equipment in accordance with state secrecy regulations and standards.