As the families of the victims, do we have the right to know the case from the procuratorate? If the victim has the ability to know for himself, the procuratorial organ can contact the victim, and his family can know the case through the victim.
In the case that the victim can't know it by himself, the victim's close relatives (note that the law only stipulates close relatives, that is, parents and children of both husband and wife) and the victim's guardian and legal representative have the right to know the handling of the case, have the right to file an incidental civil action, and can appeal against the handling of the criminal part, but have no right to decide.
After the case is transferred to the procuratorate, do family members have the right to know? If the family members are defenders, with the permission of the procuratorate, they can understand the case and consult the file.
Relevant laws and regulations:
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.
Do family members have the right to read the book after the lawyer has finished reading it in the procuratorate? Family can't.
However, after reading the paper, the lawyer will feed back the relevant case information to his family members, as long as he trusts the lawyer.
Does the suspect's family have the right to go to the procuratorate to understand the case? If the family members of the criminal suspect can act as defenders of the criminal suspect, they can have the right to go to the procuratorate as defenders to understand the case.
Article 38 of the Criminal Procedure Law of People's Republic of China (PRC)
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.
Do the families of criminals have the right to go to the people's procuratorate to know the situation? I think you have the right to know, and the public security law has the right to keep secrets. The right to secrecy is higher than the right to know.
You can ask, the procuratorate doesn't have to tell you.
This criminal case has now reached the district procuratorate. Can the victim's family apply to transfer the case to the municipal procuratorate? 1. The jurisdiction of criminal cases has certain provisions. Under normal circumstances, except for cases that may be sentenced to death or life imprisonment, other cases are under the jurisdiction of the grassroots people's courts.
2. In some places, important cases (crimes committed by cadres at or above the division level) are placed under the jurisdiction of the Municipal People's Procuratorate.
3. If the procuratorial organ violates the above provisions, the victim's family may report to the procuratorial organ at the same level or at a higher level.
Can the families of victims of juvenile criminal cases go to the procuratorate to know the situation? One of the victims' rights stipulated in China Criminal Procedure Law is the right to entrust an agent ad litem. Victims, their legal representatives and close relatives have the right to entrust agents ad litem.
Article 267 If a juvenile criminal suspect or defendant fails to entrust a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to defend his appointed lawyer.
Therefore, for juvenile criminal cases, the legal channel for guardians to know the situation is through agents ad litem or defenders.
I wonder if the case has been handed over to the procuratorate. Will the family members be notified when they are handed over to the procuratorate? If a lawyer is hired as a defender in the investigation stage, when the case investigation is completed and transferred to the people's procuratorate, the people's procuratorate shall notify the defender to come and read the papers and copy the relevant evidence. But the suspect's family may not be notified. I suggest you urge lawyers to perform their duties and follow up the progress of the case in real time.
Does the criminal police have the right to close the case without going through the procuratorate and the court? You can close the case without filing a case. If you think there is something wrong with the police's handling, you can complain to the procuratorate and ask for supervision of the police's behavior.