Generally speaking, the law does not allow criminal suspects to view the case files, and criminal files are confidential. Institutions such as the Public Prosecution Law will not provide you with all the materials according to the case file. In the investigation stage, lawyers can't consult the materials in the public security organs, only when they are transferred to the procuratorate.
Although lawyers can read the case file, the Lawyers Law also stipulates that lawyers may not disclose the case file materials to the parties. So the suspect can't see the file.
Second, the criminal trial procedure
1, listening:
Opening a court session is the beginning of a court trial, and its task is to make procedural preparations for completing the substantive trial.
2. Court investigation:
Court investigation is the core stage of court trial. At this stage, the collegial panel, with the participation of the public prosecutor, the parties, the defenders and the agents, should present and cross-examine the evidence, investigate the evidence in court, find out the facts of the case comprehensively, and provide factual basis for the court to make a correct judgment.
3, the court debate:
Court debate is a litigation activity in which the accused and the defendant put forward their opinions and reasons on the probative force of evidence, whether the defendant is guilty, what crime he committed, the severity of the crime, whether he should be punished and how to punish it under the auspices of the presiding judge, and conduct face-to-face argumentation and rebuttal in court.
4. The defendant's final statement:
The defendant's final statement refers to the defendant's final defense and final statement on the alleged crime at the end of the court trial. This is an important right given to the defendant by law.
5, review and trial:
After the defendant's final statement, the presiding judge shall announce an adjournment for deliberation by the collegial panel.
Third, the characteristics of China's criminal procedure law
1. Criminal proceedings are activities to exercise the right of state punishment.
The central content of criminal proceedings is to solve the problem of criminal responsibility of defendants (i.e. suspects and defendants). Therefore, the criminal procedure law is closely related to the criminal law, and learning the criminal procedure law must have an understanding of the criminal law.
2, criminal proceedings by the state specialized agencies responsible for.
Criminal proceedings are mainly carried out by investigation organs, procuratorial organs and judicial organs. Among them, the organs enjoying investigation power include: public security organs, state security organs, procuratorial organs, military security departments, prisons and smuggling crime investigation bureaus. In the examination, the investigation power of public security organs and procuratorial organs is generally the focus of investigation. The people's procuratorate is the only organ that enjoys procuratorial power. In criminal proceedings, the procuratorial power runs through, such as supervising the public security organs not to file a case; Self-investigation case investigation; Approve the arrest; Review and prosecute; Appearing in court to support public prosecution; Protest; Implement supervision; Wait a minute. The people's court is the only organ with judicial power. According to article 12, the trial stage is a necessary stage to determine the guilt of citizens. Therefore, the trial procedure has always been the focus of legal review.
3, criminal proceedings must be attended by the parties and other participants in the proceedings.
In criminal proceedings, litigants include not only public security organs, people's procuratorates and people's courts, but also criminal suspects, defendants, victims, private prosecutors, defenders, agents ad litem, plaintiffs in incidental civil proceedings, defendants and witnesses, appraisers, clerks and translators. The litigation status, rights and obligations of all litigation participants (especially parties, defenders and litigation agents) are the focus of criminal litigation learning.
Criminal proceedings must be conducted in accordance with legal procedures.
Strictly following the procedures prescribed by law is an important feature of criminal proceedings. Different from other social activities, criminal procedure is the product of criminal procedure law. Only activities that conform to the provisions of the Criminal Procedure Law have legal effect. Therefore, the circulation procedure of criminal cases has always been the focus of legal review.