Provisions on the marking of criminal appeal lawyers

It can be seen from the provisions of the new criminal procedure law that lawyers, as the main body of criminal proceedings, 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 does not clearly stipulate the lawyer's right in the retrial appeal stage, it should be self-evident that the lawyer who represents the appeal has the right to consult the case file for the need of appeal, and it must be the proper meaning of the criminal procedure law.

As a basic system and legal principle, public trial is clearly stipulated in China's Constitution and the three major procedural laws, and this principle is also the need of fair trial and judicial authority. For a case that is tried in public, once the court session is held, the relevant evidence and other materials (except the transcript of the collegial panel's deliberation) should be made public and should not be kept confidential. Therefore, all citizens should have the right to open access to closed cases, and lawyers representing complaints should also have the right to read papers.

Legal basis:

Article 38 of the Lawyers Law of People's Republic of China (PRC), lawyers should keep state secrets and business secrets they know in their practice activities, and may not disclose the privacy of their clients.

Lawyers should keep confidential the information and materials that their clients and others are unwilling to disclose in their practice activities. However, criminal facts and information that endanger national security, public safety and other serious personal and property safety of others are not included.