As the subject of criminal proceedings, lawyers have the status of defenders in the investigation stage, and their rights run through the whole process of criminal proceedings. Retrial procedure is a part of criminal procedure, and the criminal procedure law also clearly stipulates that lawyers can represent retrial appeal cases. Although the Criminal Procedure Law of People's Republic of China (PRC) does not clearly stipulate the lawyer's right in the retrial appeal stage, it is self-evident that the lawyer who represents the appeal has the right to consult the case file for the need of appeal, which is also the proper meaning of the Criminal Procedure Law.
Legal basis:
Article 35 of the Lawyers Law of People's Republic of China (PRC) * * * An entrusted lawyer may, according to the needs of the case, apply to the people's procuratorate or the people's court for collecting and obtaining evidence or to the people's court for notifying witnesses to testify in court. If a lawyer investigates and collects evidence by himself, he may, with the lawyer's practice certificate and the certificate of the law firm, investigate the situation related to undertaking legal affairs with the relevant units or individuals.