The defendant who examines and prosecutes has no right to read the papers. Only the defendant's defense lawyer has the right to read the document. Even if the defense lawyer copied the file materials from the court, he could not show them to the defendant. 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. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.
1. Can the defendant be examined and prosecuted?
The defendant who examines and prosecutes has no right to read the papers.
Only the defendant's defense lawyer has the right to read the document.
Even if the defense lawyer copied the file materials from the court, he could not show them to the defendant.
Article 38 of the Criminal Procedure Law: 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.
Lawyer's marking procedure in the stage of examination and prosecution
Need to apply. Lawyers can contact the prosecutor directly. With permission, the materials in the main volume can be consulted, and the auxiliary volume (the business volume of the case-handling organ) cannot be consulted.
After the case is transferred to the procuratorate, the defense lawyer should contact the case management center as soon as possible to carry out the marking work.
It should be noted that the defense lawyer should contact the case management center of the procuratorial organ for marking the papers as soon as the case has been sent to the procuratorial organ. The reason for this is to prevent the procuratorial organ from returning the case to the supplementary investigation organ for supplementary investigation before the lawyer has read the papers. Once the case file is returned to the investigation organ for supplementary investigation, the lawyer will not be able to consult the case file, and the delay may be as long as one month. At the same time, the defense lawyer can read the papers at the first time, and it can also prevent the procuratorial organ from allowing the defense lawyer to read the papers because the jurisdiction procedure is not in place after the case arrives at the procuratorial organ.
Second, in the stage of examination and prosecution, the power of defense lawyers suddenly increased a lot. He is no longer a consultant, but a participant in the lawsuit. These powers mainly include:
1, defense lawyers have the right to read papers. The people's procuratorate may consult, extract and copy the litigation documents and technical appraisal materials of this case from the date of examination and prosecution of the case. Litigation documents include the decision to file a case, detention certificate, decision to approve arrest, decision to arrest, arrest warrant, search warrant, prosecution opinion and other procedural documents made for filing a case, taking compulsory measures and investigation measures, and submitting for review and prosecution.
Technical appraisal materials include forensic medicine appraisal, forensic psychiatry appraisal, material evidence technical appraisal and other documents that record the appraisal situation and appraisal conclusion, and are formed by the appraisal of people, things and other relevant evidence materials by qualified personnel.
2. Have the right to meet with criminal suspects. A defense lawyer can meet a criminal suspect in custody with his lawyer's practice license, power of attorney and letter of introduction from a law firm, and the time and frequency of the meeting are not limited. When the defense lawyer meets the criminal suspect, the procuratorial organ does not send personnel to be present. When a defense lawyer meets a criminal suspect whose residence is under surveillance, he shall meet other criminal suspects who are not in custody at his residence, unit or law firm.
3. Defence lawyers have the right to investigate and collect evidence. When a case of public prosecution is transferred to prosecution, the defense lawyer shall apply for collecting materials related to the case from the victim, his close relatives or witnesses provided by the victim, and shall be in written form and explain the reasons for the application. If the defense lawyer makes the above application, the procuratorate shall solicit the opinions of the victim, his close relatives or witnesses provided by the victim, and give a written reply to the applicant within 7 days from the date of receiving the application. According to the application of a defense lawyer, if evidence is collected or retrieved, the defense lawyer may be notified to be present, or the results of the collection and retrieval of evidence shall be informed to the defense lawyer in time.
4. The defense lawyer has the right to put forward defense opinions to prove that the criminal suspect is innocent, the crime is light or his criminal responsibility is reduced or exempted according to law.
5. The defense lawyer has the right to apply to the procuratorial organ for bail pending trial according to the case. Defense lawyers believe that criminal suspects who have taken compulsory measures beyond the statutory time limit have the right to request the cancellation or change of compulsory measures.
In the stage of examination and prosecution, the defendant's lawyer can read the papers normally after obtaining permission, and the papers should be used for legitimate purposes. If the defendant has problems and related matters that need to be dealt with during the period of being sued, he can get the help of a lawyer, and the lawyer will grant him corresponding capacity in court, which will play a more just and fair role and ensure the authenticity of the litigation case.