When can the defense lawyer consult the case materials?

Legal analysis: From the date when the people's procuratorate examines and prosecutes the case, the defense lawyer can 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. It is okay for defense lawyers to consult the case file. At this time, they need to submit lawyer's practice certificate, lawyer's affairs certificate and power of attorney. According to the law, when handling a case, a lawyer may apply to the court or procuratorate for consulting and copying the case files. 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. From the date when the people's procuratorate examines and prosecutes the case, the defense lawyer may consult, extract and copy the case file. In other words, after the case goes to the procuratorate, the lawyer can consult and copy all the "case-related materials". Such a provision will help lawyers understand the evidence system on which the accusation is based as soon as possible and have enough 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 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 believe that the evidence materials collected by the public security organs and the People's Procuratorate in the process of investigation, examination and prosecution to prove the innocence and lightness of the crime have not been submitted.

Legal basis: Criminal Procedure Law of People's Republic of China (PRC).

Article 38 A defense lawyer may provide legal aid to a criminal suspect during investigation. Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Ask the investigation organ about the crimes and cases suspected by the criminal suspect, and put forward opinions.

Article 39 A defense lawyer may meet and correspond with a criminal suspect or defendant 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, a power of attorney or a letter of legal aid to ask for a meeting with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest.

In criminal cases endangering national security and terrorist activities, defense lawyers should obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. The investigation organ shall notify the detention center of the above situation in advance.

When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide legal advice. 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 meeting with criminal suspects and defendants.

The provisions of paragraphs 1, 3 and 4 shall apply to the meetings and correspondence between defense lawyers and criminal suspects and defendants who are under surveillance.

Article 40 From the date when the people's procuratorate examines and prosecutes a 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.