[Direct answer]In the Beijing area, defense lawyers may review, extract, and copy the case files from the date the People's Procuratorate reviews and prosecutes the case, which is explicitly stipulated in Article 38 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018); during the investigation stage, lawyers can only meet and communicate with the suspects, but not review the case files yet. Other defenders may also exercise the above-mentioned rights with the permission of the people's courts and people's procuratorates. If family members need to grasp the progress of the case, they can entrust lawyers to review the case files and analyze the evidence after the case enters the review and prosecution stage. For more details, please refer to the following link:Criminal defenseColumn.

I. Problem Background and Typical Scenarios

This question often arises in several situations: First, when a family member has just been criminally detained, the family wants the lawyer to first assess whether the evidence is strong enough; Second, when the case has been transferred for review and prosecution, they want to know when the lawyer can see the full case file; Third, when the trial is approaching, the defendant wants to understand the evidence against them; Fourth, when the family wants to copy the case file themselves but are unclear about their rights and responsibilities; Fifth, there are misunderstandings about what lawyers can do during the investigation stage. When handling similar cases in the Beijing area, lawyers usually make an appointment to review the case file as soon as possible after the case is accepted for review and prosecution, and then thoroughly sort out the evidence before communicating the defense plan with the client.

II. Key points of contention

Focus I: The starting point of the right to review case files. The law explicitly stipulates that this right begins on the date of review and prosecution, and defense attorneys do not enjoy this right during the investigation stage. Focus II: The methods of reviewing case files, including inspection, excerpting, and copying. When the case files are voluminous, defense attorneys may apply for electronic case files. Focus III: Restrictions on other defense attorneys. Non-lawyer defense attorneys must obtain the permission of the procuratorial and judicial authorities. Focus IV: The scope of the case files to be reviewed, which includes litigation documents and evidentiary materials, except for materials that are not publicly disclosed by the case-handling authorities according to law. Focus V: Obtaining information during the investigation stage. Lawyers can only communicate with the case-handling authorities through meetings to understand the general situation. Focus VI: The relationship between reviewing case files and defense strategies. Evidence review is the basis for formulating defense opinions. Focus VII: The connection between pretrial conferences and supplementary case file review. Specifically, the current effective laws, regulations, and judicial rulings shall prevail. For specialized matters involving a large number of evidentiary materials, reference may be made to relevant provisions.Special services and other casesColumn.

III. Professional analysis by Henglue Law Firm

From the practical experience of lawyers handled by our firm, the review of case materials is the most challenging aspect that tests professional meticulousness. Common situations include: discrepancies between the facts alleged in the letter of prosecution and the evidence in the case file, which require a point-by-point comparison of interrogation transcripts, witness statements, and lists of physical evidence; flaws in the procedures and sources of evidence in appraisal opinions, which require careful verification; and contradictions in the statements of co-defendants, which require clarifying the timeline. Lawyers handled by our firm typically compile an evidence analysis list after reviewing the case materials, distinguishing the strengths and weaknesses of the prosecution's evidence, and then determining the defense strategy based on the information obtained during the meeting, such as applying for the exclusion of illegal evidence, advocating for sentencing circumstances, or raising procedural objections. The inability to review case materials during the investigation phase does not prevent advance planning. Through meetings and clues provided by family members, evidence of voluntary surrender, confession, restitution, and reconciliation can still be collected in advance, which facilitates the subsequent defense strategy after reviewing the case materials.

IV. Practical suggestions and legal basis

Action suggestions: First, during the investigation stage, entrust a lawyer to meet with the suspect to grasp the suspected crime and the suspect's status, and simultaneously collect evidence favorable to the suspect. Second, pay attention to the progress of the case and arrange for the lawyer to review the case file in time after the case is transferred for examination and prosecution. Third, when reviewing the case file, focus on verifying the consistency of the testimonial evidence, the legality of the appraisal opinions, and the source chain of the documentary and physical evidence. Fourth, after communicating with the suspect based on the evidence in the case file, determine the defense plan. Fifth, before the trial, check again for any changes in the evidence. Legal basis: Article 38 of the Criminal Procedure Law of the People's Republic of China stipulates that defense lawyers may review, excerpt, and copy the case file materials from the date of the case being transferred for examination and prosecution. Article 39 stipulates that defense lawyers may meet with detained criminal suspects. Article 37 stipulates that the communication during the meeting shall not be monitored. For enterprise employees suspected of economic crimes such as embezzlement and commercial bribery with extensive evidence, they can refer to the following guidelines:Business and contract disputes in enterprisesColumn.

5. Henglu Law Firm's Advice

Risk Warning: Firstly, lawyers do not have the right to review the case files during the investigation stage, and any claims that they can review the files at this time are not credible; Secondly, family members cannot directly access the case files, as the case file materials are only open to defense attorneys and other authorized defense attorneys; Thirdly, reviewing the case files does not mean that all materials can be used externally. Materials involving non-public cross-examination should comply with the requirements of the case-handling authority; Fourthly, after reviewing the case files, it is not advisable to disclose to the parties the content that may affect their testimony, so as to avoid arousing suspicions of collusion; Fifthly, the case files are voluminous, so it is advisable to make an appointment for review as soon as possible. It is recommended to entrust a lawyer to complete the first round of case file review as soon as possible after the case is transferred for review and prosecution, and to seek legal advice when necessary.Beijing Henglu Law FirmVisit the official website to learn about the content of criminal defense services.

VI. Frequently Asked Questions

Q1: Can lawyers access the case files during the investigation phase?

No. According to Article 38 of the Criminal Procedure Law, the right to review the case file only arises from the date when the People's Procuratorate reviews and prosecutes the case. During the investigation stage, lawyers can only obtain information about the suspected charges and basic facts of the case by meeting with and communicating with the case-handling authorities. If the family members want to evaluate the evidence situation, they can arrange for a lawyer to review the case file after the case is transferred for review and prosecution. During the investigation stage, the focus should be on meeting with the suspect and applying for bail.

Q2: What materials does the defense attorney review during the case review process?

This includes the litigation documents and evidence materials of the case, such as the letter of prosecution, interrogation transcripts, inquiry transcripts, documentary evidence, photos of physical evidence, appraisal opinions, inspection and examination transcripts, audiovisual materials, etc., except for the materials that the case-handling organ refuses to disclose according to law. For cases with a large volume of files, lawyers may apply for electronic case files or batch copying. Lawyers should prepare an evidence list after reviewing the files for the first time, which will facilitate subsequent defense work.

Q3: Can family members copy the criminal case files?

No. The case file materials are only available to defense attorneys and other authorized defense attorneys. Immediate family members do not have direct access to the case files. If family members want to understand the case, they can obtain progress notifications related to the defense through the defense attorney they have appointed. It is not feasible to request the case file from the case-handling authority on their own or to entrust unqualified personnel to review the case files. This may also lead to legal risks of interfering with the testimony process.

Q4: Can the lawyer tell the family about the case after reviewing the evidence?

Attorneys may inform family members about the progress of the case and the defense arrangements, but the scope of disclosure should be limited to avoid repeating the details of the co-defendant's confession or content that may affect the stability of the evidence. In practice, the key points of communication typically include the evidence structure of the suspected crime, favorable circumstances, the next defense actions, and risk warnings. The specific approach should be determined by attorneys in accordance with professional norms.

Q5: Is it still possible to hire a lawyer to review the case file if the case has already been submitted to the court?

It's still possible, but it's not advisable to delay. During the trial stage, lawyers can also review the entire case file and appear in court to defend, but there is limited time before the trial, and tasks such as sorting out evidence, applying for the exclusion of illegal evidence, and applying for witnesses to appear in court are quite demanding. The earlier you entrust a lawyer, the more relaxed you will be. The ideal pace is to complete the first round of reviewing the case file during the review and prosecution stage, and then focus on key evidence in the trial stage. For related services, you can refer to the following information for reference.Criminal defenseColumn.

The above Q&A is mainly based on judicial practice in the Beijing area. There may be differences in the interpretation of rulings in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Criminal defense legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.