1. What does it mean for lawyers to read papers in judicial proceedings?
The lawyer's right to read the papers means that the lawyer who acts as a defender has the right to consult, extract and copy the case files from the date when the people's procuratorate examines and prosecutes the case. Article 34 of the Lawyers Law of People's Republic of China (PRC) * * * A lawyer who acts as a defender has the right to consult, extract and copy the case file from the date when the people's procuratorate examines and prosecutes the case. When a criminal case reaches the trial stage, if it has been entrusted to the court, you can directly contact the judge to read the papers. If the entrustment formalities are not submitted, the lawyer shall submit the power of attorney of the parties or their families to the court, and take the lawyer's lawyer's practice certificate to the court to read the papers. Reading the papers can help you understand the charges and the evidence collected by the public security organs. So as to judge from which angles the suspect can be defended and what evidence can be collected to prove the suspect's innocence or guilt.
Second, the legal basis
People's Republic of China (PRC) Lawyers Law
Article 34
Lawyers who act as defenders have the right to consult, extract and copy the case files from the date when the people's procuratorate examines and prosecutes the case.
Article 35
The entrusted lawyer may, according to the needs of the case, apply to the people's procuratorate or the people's court to collect and obtain evidence or apply to the people's court to notify 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.
Article 36
If a lawyer acts as an agent ad litem or defender, his right to debate or defend shall be guaranteed according to law.
Article 28
Lawyers can engage in the following businesses:
(a) to accept the entrustment of natural persons, legal persons or other organizations as legal advisers;
(two) to accept the entrustment of the parties in civil cases and administrative cases, to act as agents and to participate in litigation;
(3) Accepting the entrustment of criminal suspects and defendants in criminal cases or legal aid agencies to act as defenders according to law, accepting the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives to participate in litigation as agents;
(four) to accept the entrustment and represent the complaints of various litigation cases;
(five) to accept the entrustment and participate in mediation and arbitration activities;
(6) Accepting entrustment to provide non-litigation legal services;
(seven) to answer questions about the law and write litigation documents and other documents related to legal affairs.
The lawyer's marking is a link in the judicial trial procedure, which generally requires the consent of the judicial organ. The main purpose is to understand the basic situation of the case, the facts and evidence accused by the prosecution, find out the doubts, dig out the facts, evidence or clues that are beneficial to the criminal suspect and defendant, and further point out the direction for interrogation, investigation and evidence collection, cross-examination and court defense.