After the case is transferred for prosecution, the defense lawyer can go to the people's procuratorate to inspect, excerpt and copy all the case materials of the case, including evidence favorable and unfavorable to the suspect.
The right of a lawyer to read the case file means that a lawyer acting as a defender shall have the right to inspect, excerpt and copy the case file materials of the case from the date of the people's procuratorate's examination and prosecution of the case. Article 34 of the Chinese people's *** and state lawyers lawyers as a defender, since the people's procuratorate of the case review and prosecution, the right to inspect, excerpts, copy the case file materials.
Criminal cases to the trial stage, if it has been submitted to the court entrusted formalities, you can directly contact the judge for reading. If not yet submitted to the entrustment procedures, by the lawyer should be submitted to the court or family members of the authorization of the power of attorney, with the lawyer's lawyer's license to the court to read the file.
Reading can understand the charges, the public security organs have collected evidence. From there, you can determine from which angle you can defend the suspect, and what other evidence you can collect to prove the suspect's innocence or misdemeanor.
Purpose and function
1, to understand the basic case, the facts and evidence charged by the prosecution;
2, from which to find doubts, digging in favor of the suspect, the defendant's facts, evidence or clues;
3, for the lawyers to meet with the investigation of the evidence, the trial cross-examination, the direction of the defense.
Extended information
The meaning and role of the instrument
Reading the transcript is a lawyer in the process of reading the case file, the facts of the case and the evidence to determine the nature of the case, as well as the nature of the case and the case and its legal basis and so on to be categorized and sorted out and excerpts of the written materials. Read the transcripts can help lawyers from the vast volume of material in the file, in-depth understanding of the actual case, for the next step in the production of the defense and the trial to get ready.
The key points of the paperwork
The format of the reading transcript is generally not strictly regulated, usually in order to ease of use shall prevail. In the process of classifying and organizing the material, there are roughly the following:
1, factual category: a case, in addition to relatively simple, mostly in the production of the transcript are classified by the facts of the case. Criminal cases are appropriate to the suspect involved in a crime as a fact; civil cases and economic disputes, it is appropriate to a legal act and a legal event as a fact, or to a specific link, a plot as a fact.
2, evidence: the so-called evidence is the judicial officer in the litigation process can be used to prove the case of the real situation of the various facts.
Lawyers in the production of reading transcripts can be divided into evidence in favor of the parties, the suspect's evidence and unfavorable to the parties, the suspect's evidence, in accordance with the procedures set forth in the procedural law, after the verification of the legal evidence and evidence of the illegal way of obtaining the evidence, the evidence is not verified illegal; in the criminal case of the reading transcripts of evidence can be divided into documentary evidence, physical evidence, audio-visual materials, witness testimony, Appraisal conclusions and so on.
3, legal basis: whether criminal or civil, administrative cases, in the process of its trial must be based on facts, to the law as a guideline. Lawyers through reading the case file, should find out the factual evidence related to the case, at the same time should pay attention to the case in the application of law is appropriate.
In the production of the transcript, the lawyer can be based on the needs of the specific case will be based on the law of the case is divided into several categories such as criminal, administrative, civil, or according to the judicial personnel to apply the law is divided into the application of the law is correct, incorrect, debatable categories.
4, advocate position class: mostly in the civil case lawyers made in the transcript, generally for the plaintiff party advocate position and the defendant party advocate position two categories. There is a third person, the third party litigation claims listed after.
Baidu Encyclopedia (reading transcript)