[Direct answer]In the Beijing area, defendants are entitled to review, extract, and copy the case file materials from the date the People's Procuratorate reviews and prosecutes the case, as explicitly stipulated in the Criminal Procedure Law. Compared with the limited contact in the investigation stage of "meeting and understanding the suspected crime", reviewing the case file is the real starting point of defense: all evidence materials (interrogation transcripts, physical evidence, appraisal opinions, and electronic data) are first disclosed to lawyers. The decision on 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 formalities and apply for reviewing the case file.

I. Problem background and typical scenarios

The family members were arrested and transferred for review and prosecution. The family members repeatedly pondered the "interrogation transcript" provided by the lawyer during the investigation stage. Why did the lawyer keep saying, "We won't know until we see the case file"? The closed nature of the investigation and the sudden clarity of the review 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 case file. Second, the method and cost of reviewing the case file. Third, the defense actions after reviewing the case file. Fourth, can family members access the case file?

III. Professional analysis by Henglue Law Firm

The first layer concerns the starting point and content of rights: Defense attorneys may review, excerpt, and copy case file materials from the date of case review and prosecution – the starting point is when the procuratorate accepts and reviews the case, and the scope is "the case file materials", including litigation documents and all evidence materials (interrogation synchronized audio and video can be applied for review and copying according to the rules); the procuratorate and court shall arrange necessary time and facilities for case file review. Nowadays, many regions support electronic case file burning or online case file review, which has greatly improved efficiency. It should be noted that during 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 focuses on the methods of case file review and practical details: Bring the lawyer's practice certificate, law firm certificate, and power of attorney (or legal aid letter) to the handling procurator and submit the formalities; the mainstream method of copying is electronic case files (CD-ROM or mobile media), and excerpting and taking photos are arranged by the case-handling organ; the review of interrogation audio and video is applied for according to the rules, and applications for excluding illegal evidence and cross-examination are prepared simultaneously if there are clues of torture for confession; it is necessary to review the case file as soon as possible – once the case file is received, it is a race against the time limit for review and prosecution (which can be extended), and reviewing the case file, meeting with clients to verify evidence, and submitting defense opinions need to be done in a streamlined manner. The third layer involves three steps after reviewing the case file: First, check the evidence system – which evidence corresponds to each fact of the charge, whether there are any breaks in the evidence chain, and whether the statements and objective evidence are contradictory; Second, screen for procedural flaws – abnormalities in the time and location of interrogation, traces of supplementary signing of transcripts, and problems with the qualifications of appraisers and the transfer of evidence materials, preparing ammunition for excluding illegal evidence and cross-examination; Third, determine defense strategies – suggesting that the procuratorate retry the case or make a non-prosecution decision (doubtful non-prosecution) if there is insufficient evidence, strive for discretionary non-prosecution if the crime is constituted but the circumstances are minor, and enter sentencing negotiation if the defendant pleads guilty and accepts the punishment – all strategies before reviewing the case file are speculations, and decision-making only occurs after reviewing the case file. The fourth layer concerns the boundaries of family members and information management: Case file materials are not open to family members – defense attorneys can inform family members of the progress of the case and the direction of defense, but evidence details and information about co-defendants are subject to confidentiality obligations and controlled circulation scope for case safety. 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) – reviewing the case file opens up the lawyer's professional perspective, not a platform for family members to spread information.

IV. Practical Suggestions and Legal Basis

The first step is to immediately submit the application for access to 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 flaws after reviewing the case files; the third step is to communicate with the prosecutor about the proposal for non-prosecution or sentencing based on the conclusions of the review of the case files; the fourth step is for the family members to receive progress notifications in accordance with the rules, not to contact witnesses, and not to disseminate information about the case. The main legal basis: Articles 38, 39, and 173 of the Criminal Procedure Law of the People's Republic of China, and the relevant provisions of the Supreme People's Court and the Supreme People's Procuratorate on legally protecting lawyers' practice rights; the specific application shall be subject to the currently effective provisions.

5. Henglue Law Firm's Advice

There are three key points to review the case file for prosecution: 1. Once the case is transferred to the procuratorate, the entire case file is open to lawyers. 2. Reviewing the case file is the starting point of defense, and the three key steps of eliminating non-essential evidence, determining the nature of the crime, and negotiating the sentencing are carried out based on this. 3. Although family members cannot directly access the case file, they need to grasp the overall progress of the case. Professional matters should be left to professionals. For matters related to defense and reviewing the case file for prosecution, you can seek assistance through legal channels.Special servicesObtain the overall plan, which can be combined with the entire process of criminal defenseCriminal defense and criminal case filingFor reference, you can check the section related to the criminal compliance of corporate employeesBusiness and contract disputes in enterprisesFor any questions regarding difficult situations, you can consult the column for assistanceCreditor'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 when the procuratorate reviews and prosecutes the case.

Q2: Do I need to pay a fee to have my exam papers marked?

Copying case file materials is generally free or charged at cost. In the era of electronic case files, they are usually provided on CD-ROM 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 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 family members. Lawyers inform family members of the progress and defense strategy in accordance with their obligation of confidentiality.

Q5: Can I try to avoid being prosecuted after the examination of the evidence?

Yes. For cases with insufficient evidence, strive to secure a non-prosecution decision based on reasonable doubt; for cases with minor circumstances, strive to secure a discretionary non-prosecution decision. The conclusions drawn from reviewing the case files serve as the basis for making judgments.

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 the 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, to avoid missing the statutory time limit. →Specialised services Legal services·Beijing Henglue 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 the event of a dispute, please consult a practicing lawyer in a timely manner.