Article 38 of the Criminal Procedure Law stipulates that defense lawyers may consult, extract and copy the case files from the date when the people's procuratorate examines and prosecutes the case. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate. Pay attention to several problems here: 1. Criminal cases are divided into three stages: public security investigation, prosecution by procuratorate and trial by court. The above-mentioned laws specifically mean that defenders have the right to consult and copy files in the second stage and the prosecution stage of the procuratorate; 2. No one other than the defender is allowed to view and copy the case file, so as not to affect the normal conduct of criminal proceedings. For example, some defendants' families will try to perjure themselves and retaliate against witnesses after consulting the file; 3. After the file is copied, can the defender consult or copy it for the defendant's family? It is not allowed in principle. Defense lawyers should abide by the relevant confidentiality obligations, and some materials and contents that need to be kept confidential cannot be told to their families. However, the legal provisions on this issue are not clear.
As a family member of the defendant, if he acts as a case defender, he can also copy relevant materials with the permission of the procuratorate and the court.
According to the provisions of Article 32 of the Criminal Procedure Law, a criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising the 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. A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender. It is clearly stipulated here that the relatives of the defendant can be entrusted as defenders. According to the provisions of Article 38 of the Criminal Procedure Law, other defenders may consult, extract and copy the above materials with the permission of the people's court and the people's procuratorate, and the relatives of the defendants who are "other defenders" may communicate with the procuratorate during the examination and prosecution stage; If approved, you can copy the file.
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legal ground
Article 32 of the Criminal Procedure Law of People's Republic of China (PRC) * * The provisions on withdrawal in this chapter apply to clerks, translators and expert witnesses. Defenders and agents ad litem may apply for withdrawal and reconsideration in accordance with the provisions of this chapter.
Article 38 of the Criminal Procedure Law of People's Republic of China (PRC): Defence lawyers can provide legal aid to criminal suspects during investigation; Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Ask the investigation organ about the crimes and cases suspected by the criminal suspect, and put forward opinions.