1. What parts does the criminal case file consist of?
The case materials of criminal cases are divided into two categories, one is litigation documents and technical appraisal materials, and the other is all case materials. These two categories are included. The reason for this classification is that they enjoy different rights in the provisions of the Criminal Procedure Law. In the investigation stage. Neither type of lawyer can see it. According to the law, they can only learn about the alleged crime and the place of detention from the investigation organ. Lawyers can understand the case by meeting with criminal suspects and then provide legal help.
Second, the query time file
In the stage of examination and prosecution. According to the provisions of the Criminal Procedure Law, the file materials that lawyers can see are the first category, that is, litigation documents and technical appraisal materials. The so-called litigation documents refer to prosecution opinions, detention and arrest notices, filing decisions, etc. The so-called technical appraisal materials include judicial appraisal and price evaluation reports. At present, most provinces and cities in China are implementing this method. The new Lawyers Law stipulates that the entrusted lawyer has the right to consult, extract and copy the litigation documents and files related to this case from the date of case review and prosecution. Not limited to technical appraisal materials. This is a lawyer's law, ahead of the criminal procedure law. This is a trend of legal reform, but due to various reasons, the new Lawyers Law has not been effectively implemented, and the case materials that lawyers can see in most provinces and cities in China are limited to litigation documents and technical appraisal materials stipulated in the Criminal Procedure Law. In Beijing, the case has been examined and prosecuted by the procuratorate, and lawyers have been able to see almost all the case materials, including confessions. Beijing's practice has set an example for other provinces and cities in China.
At the trial stage. According to the provisions of the Criminal Procedure Law and the Lawyers Law, lawyers can see "all materials related to the case", including confessions and witness testimonies. However, according to the provisions of the Criminal Procedure Law, the procuratorate can only submit a "list of evidence, a list of witnesses and a copy of the main evidence" to the court. At this time, the lawyer can know all the evidence according to the evidence list and copy all the "main evidence" submitted to the court. After the case is opened, the procuratorate will hand over all the case materials to the court. At this time, the defense lawyer can see all the case materials. Therefore, lawyers of second instance can sometimes be more targeted, because lawyers of second instance can see all the case materials, while lawyers of first instance can sometimes only see the "main evidence".
The composition of criminal files should be handled according to relevant laws, especially when judicial organs need to make inquiries according to relevant laws during judicial trials. If the relevant files cannot be classified and counted reasonably, it will bring serious consequences to the judicial trial procedure.