[Direct answer]In the Beijing area, it is possible—defense lawyers have the right to review, excerpt, and copy the case file materials from the day the People's Procuratorate reviews and prosecutes the case, which is explicitly stipulated in the Criminal Procedure Law; compared with the limited contact of "meeting and understanding the suspected crime" in the investigation stage, reviewing the case file is the real starting point of defense: all evidence materials (interrogation transcripts, physical evidence, appraisal opinions, electronic data) are first opened to lawyers, and the judgment of whether to prosecute, the decision on pleading guilty and accepting the punishment, and the screening of illegal evidence are all based on reviewing the case file—therefore, the first thing to do after the case is transferred to the procuratorate is to submit the entrustment procedures and apply for reviewing the case file.

1. Problem background and typical scenarios

The family member was arrested and transferred for examination and prosecution. The family repeatedly pondered the "interrogation transcript" provided by the lawyer during the investigation stage. Why did the lawyer keep saying "we need to see the case file to know more"? The closed nature of the investigation and the sudden clarity of the examination and prosecution represent the greatest information gap in the criminal justice process.

II. Key points of contention

First, the starting point and scope of the right to review the trial transcript. Second, the method and cost of reviewing the trial transcript. Third, the defense actions after reviewing the trial transcript. Fourth, can family members see the case files?

III. Professional analysis by Henglue Lawyers

The first layer: The starting point and content of rights: Defense lawyers may review, extract, and copy case file materials from the date of case review and prosecution—the starting point is the procuratorate accepting and reviewing the case, and the scope is "the case file materials", including litigation documents and all evidence materials (interrogation synchronous audio and video can be applied for review and copying according to the rules); the procuratorate and the court shall arrange necessary time and convenience for case file review. Nowadays, many regions support electronic case file burning or online case file review, which greatly improves efficiency. It should be noted that in the previous investigation stage, lawyers did not have the right to review case files, only the right to meet with clients and limited rights to understand the relevant circumstances of the case. The depth of defense in the two stages cannot be compared. The second layer: The way of case file review and practical details: Bring the lawyer's practice certificate, the law firm's proof, and the power of attorney (or legal aid letter) to the handling procurator and submit the formalities; the main method of copying is electronic case files (CDs or mobile media), and the extraction and photography shall be arranged by the case-handling organ; the review and copying of interrogation audio and video shall be applied for according to the rules, and the simultaneous preparation of exclusion applications for evidence obtained by torture shall be made; it is necessary to review the case file as soon as possible—once the case file is received, it is a race against time with the case-handling deadline (which can be extended). Within the one-month review and prosecution period, case file review, client meetings to verify evidence, and the submission of defense opinions should be carried out in a streamlined manner. The third layer: Three steps after case file review: First, check the evidence system—which evidence corresponds to each charge, whether there are breaks in the evidence chain, and whether the statements and objective evidence are contradictory; Second, check the procedural flaws—abnormalities in the interrogation time and location, traces of supplementary signing on the transcripts, and problems with the qualifications of appraisers and the transfer of evidence materials. This lays the foundation for excluding illegal evidence and cross-examination; Third, determine the defense strategy—suggest the procuratorate to retry or make a non-prosecution decision (non-prosecution with doubt), strive for a discretionary non-prosecution for crimes with minor circumstances, and enter sentencing negotiation for those who admit guilt and plead guilty—before case file review, all strategies are speculations, but after case file review, it is decision-making. The fourth layer: Family members' boundaries and information management: Case file materials are not open to family members—defense lawyers can inform family members of the progress of the case and the direction of defense, but evidence details and information about other cases shall be transmitted according to confidentiality obligations and case security controls. Family members' urgent requests to "review the case file" cannot be satisfied, which is not due to distrust but to rules. At the same time, family members should avoid two pitfalls: do not attempt to contact witnesses to "verify their statements" (suspected of interfering with witness testimony), and do not post case details on the internet or in group chats (which affects case handling and poses risks to themselves)—case file review opens up the lawyer's professional perspective, not a dissemination material for family members.

IV. Practical suggestions and legal basis

The first step is to immediately submit the application for authorization to review the case files after the case is transferred to the procuratorate; the second step is to organize the verification of evidence and the investigation of procedural defects after reviewing the case files; the third step is to communicate with the prosecutor about the non-prosecution or sentencing recommendations based on the conclusions of the review of the case files; the fourth step is for the family to receive progress notifications according to the rules, not to contact witnesses, and not to disseminate the case information. The main legal basis: Articles 38, 39, and 173 of the Criminal Procedure Law of the People's Republic of China, and relevant provisions of the Supreme People's Court and the Supreme People's Procuratorate on ensuring the rights of lawyers to practice law; the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Advice

There are three key points in reviewing and prosecuting cases: 1. Once the case is transferred to the procuratorate, all case files are made available to lawyers. 2. Reviewing the case files is the starting point of the defense process, through which three crucial steps—identifying evidence, determining the nature of the crime, and negotiating sentencing—are initiated. 3. Family members cannot directly access the case files, but they need to grasp the overall timeline of the case. Leave the professional work to professionals. For matters related to defense and reviewing case files during the review and prosecution process, you can seek assistance through the following channels:Special servicesObtain an overall plan that can be integrated into the entire process of criminal defenseCriminal defense and criminal case filingFor reference, please refer to the section on compliance with criminal law involving corporate personnel.Business and contract disputes in enterprisesFor any questions regarding difficult situations, please feel free to consult us.Creditor's rights and debts, and enforcementTeam.

VI. Frequently Asked Questions

Q1: Can lawyers review the case files during the investigation stage?

No. During the investigation stage, the lawyer only has the right to meet with the client and obtain limited information; the right to review the case file can be exercised from the date the procuratorate reviews and prosecutes the case.

Q2: Do I need to pay a fee to check the exam papers?

Copies of case files are generally provided free of charge or charged at cost price. In the era of electronic case files, they are usually provided on CD-ROMs or online, which is very cost-effective.

Q3: Can we watch the interrogation video?

According to the rules, one can apply to review and copy the synchronized audio and video recordings, and apply for the exclusion of illegal evidence in cases involving interrogation clues.

Q4: Can family members view the case files?

No. The case files are not open to the families, and the lawyers shall inform the families of the progress and defense direction in accordance with the obligation of confidentiality.

Q5: Can I try to avoid being prosecuted after the examiners review the papers?

Yes. For cases with insufficient evidence, we will strive to apply the principle of "prosecution based on reasonable doubt"; for cases with minor circumstances, we will strive to apply the principle of "discretionary non-prosecution". The conclusion drawn after reviewing the case file serves as the basis for making a judgment.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

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. →Specialised services - Legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available 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. In case of disputes, please consult a practicing lawyer in time.