Article 40 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that defense lawyers may consult, extract and copy the case files from the date when the people's procuratorate examines and prosecutes the case. 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:
After accepting the entrustment of the criminal suspect himself or his relatives, a lawyer may exercise four litigation rights:
1. Ask the investigators of the investigation organ about the charges charged by the criminal suspect.
2. Put forward the Application for Meeting with the Criminal Suspect in Custody, and meet with the criminal suspect in custody according to the arrangement of the investigation organ (the case-handling organ shall make a decision within 48 hours, and the major and complicated case shall make a decision within 5 days). Lawyers have the right to know the relevant information when meeting with criminal suspects.
This right is clearly stipulated in Article 96, paragraph 2, of the Criminal Procedure Law and Article 28 of the Code for Lawyers Handling Criminal Cases. In addition, lawyers can also learn about the criminal suspect's compulsory measures and the exercise of litigation rights;