When can family members read the criminal case file?

Family members can't see the files of criminal cases.

Criminal files are state secrets, and family members cannot access them at any time. Only defense lawyers have the right to read it. After the criminal case is closed, the parties can't copy the case file, and only the defense lawyer or other defenders can copy the case file materials, so as to exercise the right of defense when examining and prosecuting.

If the file materials consulted, extracted and copied by defense lawyers belong to state secrets, they shall be approved by the people's procuratorate and the people's court, and shall abide by the state secrecy provisions. Lawyers shall not disclose or disseminate important information and files of cases in violation of regulations, and shall not be used for purposes other than defending or representing cases.

Therefore, according to the provisions of the Criminal Procedure Law, only after the case is transferred for review and prosecution and approved by the procuratorate can the family members see the case files.

Article 32 of the Criminal Procedure Law of People's Republic of China (PRC) * * * A criminal suspect and defendant may entrust one or two persons as defenders in addition to exercising their right of defense. The following persons may be entrusted as defenders:

(1) lawyers;

(2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs;

(3) Guardians, relatives and friends of criminal suspects and defendants. Article 38 From the date of examination and prosecution by the People's Procuratorate, defense lawyers may consult, extract and copy the case files. 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 5 of the Rules of all china lawyers association Municipality on Prohibiting Illegal Speculation Cases, when hearing a case in public, the lawyer in charge shall not disclose or disseminate important information and evidential materials obtained through interviews, marking papers, investigation and evidence collection and other professional activities that may affect the handling of cases according to law. Unless permitted by law, the lawyer in charge of a case that is not tried in public shall not disclose or disseminate the case information and materials. The lawyer handling the case shall not disclose the above information and materials in disguised form through the parties or others.