1. If the lawyer does not involve trade secrets or state secrets after marking, he can tell his family members. According to the provisions of the Criminal Procedure Law, defense lawyers can consult, extract and copy the case files from the date when the people's procuratorate examines and prosecutes the case.
2. Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Article 40
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.
Article 41
Defenders have the right to apply to the people's procuratorate or the people's court for obtaining the evidence materials collected by the public security organs and the people's procuratorate to prove the innocence or light crimes of the criminal suspects and defendants during the investigation, examination and prosecution.
Second, the role of lawyers in meeting criminal suspects at different stages.
1, in the investigation stage, the role of lawyers meeting with criminal suspects mainly includes:
(1) You can learn the most real case.
(2) Providing legal aid directly to criminal suspects through interviews.
(3) Through interviews, find out what evidence the investigation organ has, and finally determine the focus of investigation and evidence collection.
(4) Submit legal opinions to the investigation organ.
(5) Apply for bail pending trial for the criminal suspect.
1, in the stage of examination and prosecution, the role of the Division in meeting with criminal suspects mainly includes:
(1) Ask about the facts of the case and listen to the statements and excuses of the suspects. If the facts stated by the criminal suspect are different from those stated in the public prosecution opinion, the defense lawyer should ask clearly, even if there are differences in details.
(2) Check the materials and opinions that prove the criminal suspect's innocence, light crime or reduced or exempted from criminal responsibility, and ask the criminal suspect whether there are new witnesses, physical evidence and evidence clues.
(3) Inform them of their litigation rights and obligations at the stage of examination and prosecution. For example, when the case-handling personnel of the procuratorate interrogate him, he has the right to apply for withdrawal, the right to defense, the right to request re-appraisal, and the right to appeal against the prosecution decision.
(4) ask about the case. Ask about the duration of his detention, whether the case-handling personnel have carried out illegal acts such as extorting a confession by torture and detaining him in disguised form, and whether they have seized or frozen property with the case.
3, in the trial stage, the role of teachers meeting with criminal suspects mainly includes:
(1) Before meeting the defendant, the lawyer had carefully reviewed all the case files, summarized the doubtful points and difficulties of the case, found the key to the defense, and then adopted strategies to find his client.
(2) Listen to the defendant's opinions on the indictment, further communicate with the defendant according to the marking situation, check the facts of the case, and effectively filter the illogical links in the whole case.
(3) Listen to the defendant's self-defense opinions, explain the defense opinions initially formed by lawyers to the defendant, and solicit their opinions.
(4) Inform the defendant of the trial process in detail.
(5) Teach the defendant trial skills.
(6) Teach the defendant how to defend himself effectively.
(seven) ask and check the materials and opinions that prove the defendant's innocence, light crime or reduce or exempt his criminal responsibility again.
(8) Ask the defendant again whether there are new evidences and evidence clues.
(9) Ask the defendant's opinions on the criminal incidental civil action.
(10) If the defendant has not committed a crime, encourage him to retract his confession bravely, and don't be afraid of being accused of "guilty attitude".
(1 1) Give the defendant other legal help.
To sum up, in different stages of a case, the role of lawyers meeting with criminal suspects is different. In the investigation stage, it is mainly to understand the real situation and help the parties, in the review stage, it is mainly to check whether the relevant information is true, and in the trial stage, it is mainly to ask the opinions of the parties. I hope the above content can help you. If you have any other questions, please click the button below to consult a professional lawyer.