Can Lawyers Review Case Files in English?
1. The Case Management Office is responsible for providing relevant services. Lawyers can review multiple cases simultaneously during their visit.
2. Those without a practicing lawyer's qualification or those under a practice prohibition will not be allowed to review case files. Article Four: After the review of complete and eligible documents, the Case Management Center should, based on the lawyer's application, provide electronic files for review for cases that have already been digitized. Article Five: For cases where electronic files cannot be provided, the Case Management Center should explain the situation to the lawyer and contact the Public Prosecution Department promptly to arrange a time for reviewing the paper files.
3. Lawyers visiting the court for file review can choose from three different methods of review independently.
4. Victims' lawyers are allowed to review files. Defense lawyers can share the content of the files with the family of the defendant but must not disclose trial secrets.
Procedures for Lawyers to Review Files at the Prosecutor's Office
1. Reviewing files is not complicated. Simply inform the handling prosecutor, and unless it involves state secrets, which require approval, you can usually review the files. Photocopying costs vary by region, typically ranging from 1 yuan to 0.5 yuan per page. Gathering various materials favorable or unfavorable to the defendant, especially the defendant's statements, can better assist in the defense.
2. CD Burning Method: File Review Application → Registration → Identity Verification → Wait for staff to burn the CD at the Prosecutor's Service Hall → Free CD Burning. Photocopying Method: File Review Application → Registration → Identity Verification → Wait for staff to retrieve files in the Reading Room → Review and photocopy the files → Return the files after review. Electronic Review Method: File Review Application → Registration → Identity Verification → Wait for staff to export electronic files in the Reading Room.
3. Legal Analysis: You should bring your lawyer's practicing certificate, a letter from the law firm, and a power of attorney or legal aid document. Lawyers are not allowed to review files after the suspect has been arrested. From the date the case is under review by the People's Procuratorate for prosecution, defense lawyers have the right to review, copy, and extract materials from the case files. Other defenders can also do so with permission from the People's Court or the People's Procuratorate.
4. According to legal regulations, lawyers can apply to review and copy case files at the court or procuratorate when necessary. When reviewing files, they need to submit their lawyer's practicing certificate, a letter from their law firm, and a power of attorney, among other materials. They should also know the case file number or the accurate name of the party and the year of the judgment to assist the档案室 staff in locating the files.
Can Victims' Lawyers Review Files?
1. Legal Perspective: The victim themselves do not have the right to review files, but their legal representatives (lawyers) do. Victims, their legal guardians, or their close relatives, as well as parties involved in ancillary civil lawsuits, have the right to delegate legal representatives three days after receiving the case files for prosecution. Legal representatives can review, copy, and extract materials from the case files with the permission of the People's Procuratorate.
2. Legal Analysis: In the legal system of our country, victims generally do not have the right to review files. However, according to relevant laws, victims have the right to delegate legal representatives, who, with the permission of the People's Procuratorate or the People's Court, can review, copy, and extract materials from the case files.
3. Lawyer's Explanation: Yes. According to the Criminal Law of the People's Republic of China and other relevant laws and regulations, victims cannot review files. However, they can委托 legal representatives, who, with the permission of the People's Procuratorate or the People's Court, can review, copy, and extract materials from the case files.
Can Lawyers Review Files?
1. Legal Analysis: Generally, lawyers can review case files upon arrival at the procuratorate. During the investigation stage, defense lawyers can provide legal consultations, file appeals and complaints, apply for changes in coercive measures, and learn about the charges and case details from the investigation authorities to make recommendations. From the date the case is under review for prosecution by the People's Procuratorate, defense lawyers have the right to review, extract, and copy relevant documents.
2. Defense lawyers in criminal cases have the right to review materials and organize relevant data from the date the People's Procuratorate begins to review the case for prosecution. According to legal provisions, lawyers are professionals legally approved to hold a lawyer's practicing certificate, entrusted or appointed by the parties to provide professional legal services.
3. Lawyers can review files from the date the People's Procuratorate begins to review the case for prosecution. Other defenders can also review, extract, and copy the case files with the permission of the People's Court or the People's Procuratorate. Defense lawyers are entitled to keep confidential any information and data they become aware of during their professional activities. Defense lawyers can copy case files using methods such as photocopying, photographing, scanning, or electronic data copying.
4. No problem, they can. During the "criminal file review" stage of transferring for prosecution, defense lawyers have the right to review relevant case files. The defender of the suspect can apply to the procuratorate for file review during the prosecution stage to review, extract, and copy. As for the victim's side, they also have the right to invite legal representatives to review files during the prosecution stage, but such actions require prior permission from the procuratorial organs.
Regulations for Lawyers Reviewing Files
1. The regulations are as follows: The assisted or entrusted parties in criminal cases can delegate lawyers to review case files. Lawyers should comply with confidentiality regulations and not disclose the content of the files. Lawyers should review case files at places such as prisons, detention centers, and police stations where the case-handling authorities are located. The case-handling authorities should provide case files to lawyers for review in a timely manner as required by law and should not delay or refuse.
2. The "Record List for Lawyers Reviewing, Copying, and Extracting Files" should be signed and confirmed by both the lawyer and the reception staff. Article Ten: Lawyers must not disclose state secrets, business secrets, and the privacy of parties they become aware of during the review process. Those who violate these regulations will be held legally responsible. Article Eleven: Reviewing venues should maintain quiet and cleanliness; loud talking is not allowed.
3. During the criminal trial process, defense lawyers have the right to access case files and organize relevant data from the date the People's Procuratorate begins to review the case for prosecution. According to the "Criminal Procedure Law," from the date the People's Procuratorate begins to review the case for prosecution, defense lawyers can review, extract, and copy relevant case files; other defenders need permission from the People's Court or the People's Procuratorate to exercise this right.
4. Legal Analysis: Lawyers can schedule remote file reviews through the People's Procuratorate Case Information Publicity Network, WeChat platforms, or lawyer appointment phones. If the case has been accepted and electronic files have been prepared, they can apply for remote file review at the lawyer's practicing location or the municipal procuratorate.
