When reading the criminal case file, can the family members read the file?

No, the family members of criminal suspects can't consult the case file. Only the defendant's defense lawyer can access the file. Criminal responsibility shall be borne independently by the parties concerned according to law. Legally speaking, family members, like ordinary people, have nothing to do with the case and have no right to consult the case file at all. However, if the family members act as defenders according to law, they can consult, copy and extract the case files according to normal procedures.

Legal analysis

The defendant's criminal case investigation file is not allowed to be viewed by his family members, but the defense lawyer entrusted by the defendant's family members can go to the court with the relevant entrustment procedures and the certificate of the law firm. The court will allow him to look at the case file and copy and extract it through appropriate means for lawyers to use in preparing the case. But all defense lawyers can see is that the court is rolling. However, defense lawyers should abide by the relevant confidentiality obligations, and some materials and contents that need to be kept confidential cannot be told to their families. Defense lawyers can refer to the law to consult, extract and copy the litigation documents and technical appraisal materials in this case, and criminal suspects in custody can meet and communicate with each other on the same charge. Other defenders, with the permission of the People's Procuratorate, may also consult, extract and copy the above-mentioned materials, and meet, detain and correspond with criminal suspects. After the people's court accepts the case, the defense lawyer can consult, extract and copy the materials of the accuser, the prosecutor or the victim's close relatives and their legal representatives, and the parties to the incidental civil litigation and their legal representatives have the right to entrust an agent ad litem from the date of transfer for examination and prosecution. Private prosecutors and their legal representatives, incidental civil litigants and their legal representatives have the right to private prosecution and entrust agents ad litem at any time. The people's procuratorate at the same level shall send personnel to appear in court for cases protested by the people's procuratorate and public prosecution cases tried by the people's court of second instance. After the people's court of second instance decides to hold a hearing, it shall promptly notify the people's procuratorate to consult the file. The people's procuratorate shall complete the inspection within one month. The time for the people's procuratorate to consult the case file is not included in the trial period.

legal ground

Article 40 of the Criminal Procedure Law of People's Republic of China (PRC) * * * Since 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.