Can lawyers extract the files and materials of criminal cases?

Legal analysis: In criminal cases, in the investigation stage, lawyers have no right to read papers, if reading papers is illegal. Defense lawyers can only consult, extract and copy the case files from the date when the people's procuratorate examines and prosecutes the case. When investigating a case that has ended, the public security organ shall write a prosecution opinion and transfer it to the people's procuratorate at the same level for examination and decision together with the case file and evidence; At the same time, inform the criminal suspect and his defense lawyer about the transfer of the case.

Legal basis: Article 38 of the Criminal Procedure Law of People's Republic of China (PRC). 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.

Article 398 of the Criminal Law of People's Republic of China (PRC) * * * Any functionary of a state organ who intentionally or negligently divulges state secrets in violation of the provisions of the Law on Guarding State Secrets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Non-state employees who commit the crimes mentioned in the preceding paragraph shall be punished as appropriate in accordance with the provisions of the preceding paragraph. Article 8 (6) of the Law on Guarding State Secrets stipulates that state secrets include activities to safeguard national security and tracing secret matters in criminal offences.