First, where should the file review of closed criminal cases go?
Go to the people's procuratorate for inspection.
Article 38 of the Criminal Procedure Law stipulates that defense lawyers may 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, in the investigation stage
Neither type of lawyer can see it. According to the law, they can only learn about the alleged crime and the place of detention from the investigation organ. Lawyers can understand the case by meeting with criminal suspects and then provide legal help.
2. At the stage of review and prosecution.
According to the provisions of the Criminal Procedure Law, the file materials that lawyers can see are the first category, that is, litigation documents and technical appraisal materials. The so-called litigation documents refer to prosecution opinions, detention and arrest notices, filing decisions, etc. The so-called technical appraisal materials include judicial appraisal and price evaluation reports. At present, most provinces and cities in China are implementing this method. The new Lawyers Law stipulates that the entrusted lawyer has the right to consult, extract and copy the litigation documents and files related to this case from the date of case review and prosecution. Not limited to technical appraisal materials. This is a lawyer's law, ahead of the criminal procedure law. This is a trend of legal reform, but due to various reasons, the new Lawyers Law has not been effectively implemented, and the case materials that lawyers can see in most provinces and cities in China are limited to litigation documents and technical appraisal materials stipulated in the Criminal Procedure Law. In Beijing, the case has been examined and prosecuted by the procuratorate, and lawyers have been able to see almost all the case materials, including confessions. Beijing's practice has set an example for other provinces and cities in China.
3. At the trial stage
According to the provisions of the Criminal Procedure Law and the Lawyers Law, lawyers can see "all materials related to the case", including confessions and witness testimonies. However, according to the provisions of the Criminal Procedure Law, the procuratorate can only submit a "list of evidence, a list of witnesses and a copy of the main evidence" to the court. At this time, the lawyer can know all the evidence according to the evidence list and copy all the "main evidence" submitted to the court. After the case is opened, the procuratorate will hand over all the case materials to the court. At this time, the defense lawyer can see all the case materials. Therefore, lawyers of second instance can sometimes be more targeted, because lawyers of second instance can see all the case materials, while lawyers of first instance can sometimes only see the "main evidence".
Two, lawyers should grasp what content when consulting the case files.
(1) indictment review. Focus on what crime is charged, the motive, purpose, time, place, means, circumstances and consequences of the crime, the position and role of the defendant in the crime, the severity of the crime, whether there is a lighter, mitigated or exempted punishment, and whether there is criminal responsibility. Review whether the legal provisions cited in the indictment are appropriate, etc.
(2) Review the evidence list and witness list. Lawyers can roughly understand the evidence system and types of the case by consulting the evidence catalogue and witness list, and check the relationship between the "main evidence" materials collected and the evidence materials that have not been collected to prove the facts of the case. Through the list of witnesses listed by the procuratorate, we can understand the role of other witnesses in proving the facts of this case, and through meeting with the defendant, we can understand how to carry out the investigation and collection of these evidences and witnesses' evidence beneficial to the defendant.
(3) Review of photocopies and photos of main evidence. Through the review of the main evidence, we can know whether the evidence of the defendant's conviction in this case is sufficient and true, which evidence has doubts and contradictions, so as to classify and exclude it, which evidence needs to be investigated and verified immediately, which evidence needs to be met with the defendant and which evidence needs to be verified during court investigation.
This document is particularly important to this case. No one can access the file at any stage. If the defense lawyer needs to see the file and wants to copy the contents of the file, he needs the consent of the procuratorate. However, the case is complicated, and lawyers who want to win the lawsuit will consult the file, and there is no charge for consulting the file.