2, when the defense lawyer from the people's Procuratorate to review the case from the date of prosecution, can consult, extract and copy the case file.
According to the Criminal Procedure Law of People's Republic of China (PRC), the provisions are as follows:
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 the first, third and fourth paragraphs shall apply to the meetings and correspondence between defense lawyers and criminal suspects and defendants who are under surveillance.
2. Article 40 From the date when 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.
Extended data
1. A criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising the right of defense. The following persons may be entrusted as defenders:
(1) lawyers;
(2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs;
(3) Guardians, relatives and friends of criminal suspects and defendants.
A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender.
A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.
2. Defense lawyers can provide legal aid to criminal suspects 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.
3. Defenders have the right to apply to the People's Procuratorate and the People's Court for obtaining the evidence materials collected by the public security organs and the People's Procuratorate to prove that the criminal suspect or defendant is innocent or guilty, which have not been submitted during the investigation, examination and prosecution.
China Government Network-People's Republic of China (PRC) Criminal Procedure Law