it is ok for defense lawyers to consult the case file materials. At this time, they need to submit lawyer's practice certificate, lawyer's affairs certificate and power of attorney. According to the law, lawyers can apply to the courts and procuratorates for consulting and copying the file materials when handling cases. When consulting the file, it is necessary to submit the lawyer's practice certificate and the certificate (letter) and power of attorney issued by the law firm.
1. Can a defense lawyer consult the case file? It is ok for defense lawyers to consult the case files. At this time, they need to submit lawyer's practice certificate, lawyer's affairs certificate and power of attorney. According to the law, lawyers can apply to the courts and procuratorates for consulting and copying the file materials when handling cases. When consulting the file, it is necessary to submit the lawyer's practice certificate and the certificate (letter) and power of attorney issued by the law firm.
second, which case files can the parties consult and copy? The new criminal procedure law has expanded the scope of marking the papers by defense lawyers, and stipulated that defense lawyers can consult and copy the case files after being transferred for examination and prosecution, which is no longer limited to litigation documents and technical appraisal materials, thus providing convenience for lawyers to know the facts of the whole case in time and master the evidence of the whole case, and providing guarantee for lawyers to exercise their defense rights efficiently and conveniently. Article 37 of the new criminal procedure law stipulates that defense lawyers can meet and correspond with criminal suspects and defendants in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody. "If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate and a power of attorney or an official letter of legal aid to meet with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, no later than 48 hours. "When defense lawyers meet with criminal suspects and defendants in custody, they can learn about the relevant cases and provide advice, etc.; From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when they meet with criminal suspects and defendants. "In the case of crimes endangering national security, terrorist activities and major bribery crimes, the defense lawyer shall obtain the permission of the investigation organ when meeting the criminal suspect during the investigation. For the above cases, the investigation organ shall notify the detention center in advance. Article 38 stipulates that defense lawyers may consult, extract and copy the case file materials 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. Article 39 stipulates that defenders have the right to apply to the people's procuratorate or the people's court for the evidence materials collected by the public security organs and the people's procuratorate to prove the innocence or minor crimes of the criminal suspect or defendant that have not been submitted during the investigation, examination and prosecution. 1. Defence lawyers may consult, extract and copy the case files from the date when the People's Procuratorate examines and prosecutes the case. In other words, lawyers can consult and copy all the "case-related materials" after the case arrives at the procuratorate. Such a provision will help lawyers to understand the evidence system on which the accusation depends as early as possible and have sufficient time to deal with it. This provision of the new criminal procedure law enables lawyers to exercise their right to defense more effectively. 2. The lawyer's right to apply for obtaining the favorable evidence that has not been submitted has been established. That is, "Defenders may apply to the People's Procuratorate and the People's Court for retrieval if they think that the evidence materials collected by the public security organs and the People's Procuratorate to prove the innocence and light crime of the criminal suspect or defendant have not been submitted during the investigation, examination and prosecution. Article 51 of the Civil Procedure Law stipulates that the parties may consult the relevant materials of this case and copy the relevant materials and legal documents of this case. The scope and methods for consulting and copying relevant materials in this case shall be stipulated by the Supreme People's Court. From the perspective of judicial practice, the investigation materials, including documentary evidence, witness testimony, expert conclusion, transcripts of inspection and statements of the parties, cannot be consulted and copied by the parties if they involve state secrets or commercial secrets; If personal privacy is involved, it can be consulted, but it must be kept confidential. In addition, the materials provided by both parties, including the indictment and defense, can also be consulted and copied by the parties. In order to ensure that lawyers and other agents ad litem acting as agents in civil litigation exercise their right to consult the relevant materials of the cases they represent in accordance with the law and ensure the smooth progress of litigation activities, according to the provisions of Article 61 of the Civil Procedure Law of the People's Republic of China, the Supreme People's Court promulgated the Provisions on the Access of Agents ad litem to Civil Case Materials on the 6th, stipulating the scope and methods for agents ad litem to consult the materials of civil cases, which will take effect on the 7th. In order to ensure that lawyers and other agents ad litem in civil litigation exercise their right to consult the relevant materials of the cases they represent in accordance with the law and ensure the smooth progress of litigation activities, according to Article 61 of the Civil Procedure Law of the People's Republic of China, the scope and methods for agents ad litem to consult the relevant materials of the cases they represent are as follows: Article 1 Lawyers and other agents ad litem in civil litigation have the right to consult the relevant materials of the cases they represent. However, the agent ad litem's access to the case materials shall not affect the trial of the case. In order to apply for a retrial, an agent ad litem may refer to the relevant materials of the case he represents that has been tried and concluded. Article 2 The people's court shall provide convenient conditions for agents ad litem to read papers and arrange places for reading papers. When necessary, the clerk of the case or other court staff shall be present. Article 3 If an agent ad litem needs to consult the relevant materials of a case in the course of litigation, he shall contact the clerk or judge of the case in advance; Consult the relevant materials of the case that has been tried and concluded, and contact the staff of the relevant departments of the people's court. Article 4 An agent ad litem shall produce valid certificates such as lawyer's certificate or identity card when consulting relevant materials of a case. To consult the relevant materials of the case, a review sheet for the relevant materials of the case shall be filled in. Article 5 An agent ad litem's access to the case materials in litigation is limited to the positive volumes of the trial volume and the execution volume of the case, including the indictment, the defense, the transcripts of the trial and all kinds of evidence materials. After the trial of a case is over, you can consult the main volume of the trial volume of the case. Article 6 After consulting the relevant materials of a case, an agent ad litem shall promptly return all the materials of the case to the clerk or other staff responsible for keeping the files. The clerk or other court staff shall make a face-to-face investigation of the case materials returned by the litigation agent, and endorse the marking sheet after finding them correct. The marking sheet shall be attached with a volume. An agent ad litem shall not take the case materials consulted out of the marking place designated by the court. Article 7 An agent ad litem may extract or copy the case materials when consulting them. Case materials involving state secrets shall be handled in accordance with relevant state regulations. Copying case materials shall be subject to the consent of the file keeper. Copying the relevant materials of the case that has been tried and concluded, the litigation agent may request the file management department to stamp the copied materials for confirmation. You can charge necessary fees for copying case materials. Article 8 When consulting case materials involving state secrets, commercial secrets and personal privacy, agents ad litem shall keep them confidential. Article 9 An agent ad litem shall not alter, damage or extract the case materials when consulting the case materials. The people's court may deal with an agent ad litem who modifies, damages or extracts case files with reference to the provisions of Item (1) of Paragraph 1 of Article 112 of the Civil Procedure Law. In criminal cases, defense lawyers are essential. In the investigation and trial stage, lawyers can consult the files, but they must bring all relevant materials, and not all files can be viewed at will. If necessary, you can copy the relevant materials, but you must not take the original.