[Direct answer]I can't review the case file, but I can meet with the suspect. According to Article 38 of the Criminal Procedure Law of the People's Republic of China, defense lawyers can review, excerpt, and copy case file materials only from the date the case is transferred for review and prosecution. Criminal detention belongs to the investigation stage, so lawyers can't review the case file, but according to Article 34, they can meet with detained suspects, understand the suspected crimes and relevant circumstances of the case, provide legal assistance, and apply for bail pending trial. Meeting with the suspect is the most important information channel in the investigation stage. For cases involving crimes endangering national security and terrorist activities, meeting with the suspect during the investigation period requires the permission of the investigating organ, while for other cases, meeting with the suspect can be conducted with three certificates, and the meeting will not be monitored.

I. Problem Background and Typical Scenarios

The family asked: Can the lawyer read through the case files and understand the case after entering the courtroom? Many lawyers also beat around the bush. The boundaries of lawyers' rights in the investigation stage directly determine the family's expectation management—the core tasks of this stage are not to review the files, but to meet with the client, verify the procedures, and apply for bail.

II. Key points of contention

First, the starting time and legal basis of the right to review the examination papers. Second, the exercise and limitations of the right to meet during the investigation stage. Third, the content that can be learned and the content that cannot be disclosed during the meeting. Fourth, alternative information strategies during the stage when there are no examination papers to review.

III. Professional analysis by Henglue Lawyers

The first layer is to clarify the timeline of rights: during the investigation stage, lawyers can meet with clients based on their practice certificates, firm certificates, and power of attorney to understand the suspected charges and case-related circumstances, but cannot review the case files. During the review and prosecution stage, lawyers can review, extract, and copy case materials according to Article 38. During the trial stage, the right to review case files continues and expands. This timeline serves as the basis for the focus of criminal defense work: during the investigation stage, lawyers handle procedural matters and bail applications; during the review and prosecution stage, they conduct evidence evaluation and make decisions on plea agreements; during the trial stage, they engage in cross-examination and debate. The second layer concerns the practical details of the right to meet clients: in general cases, meetings are not monitored, and detention centers should arrange meetings within 48 hours. For three types of cases (national security threats, terrorist activities, and particularly serious bribery), meetings during the investigation stage require approval. During the meetings, lawyers can verify the legality of interrogation procedures, check for signs of torture, and provide legal advice — but they are prohibited from leaking case information to outsiders or assisting suspects in colluding with others. Violating these rules may result in the revocation of lawyers' practice qualifications. The third layer focuses on alternative approaches during the non-file review stage: collecting peripheral information such as the case process, charges, and involved amounts from family members; documenting suspects' statements and procedural facts through meetings; submitting legal opinions and bail applications to case-handling authorities; and using the arrest review window to prepare for defense. By referencing cases handled by our firm: in a case of disseminating obscene materials, the client was detained by Haidian Branch of the Public Security Bureau. Attorney Shang Jiangpeng from our firm verified the number of posts, motives, and appearance process through multiple meetings during the investigation stage. Despite not having access to case files, he constructed opinions based on the threshold for criminalization and the lack of social danger, and submitted them to case-handling authorities. On June 24, 2026, the authorities decided to grant bail pending trial in accordance with Article 67 of the Criminal Procedure Law. This case was handled by Beijing Henglu Law Firm.Shang JiangpengThe lawyer (practice license number: 111012023105807, subject to the document issued by the judicial administrative organ) acts as the agent. Case evidence: Not having the right to review the case file during the investigation stage does not mean doing nothing. Meeting with the client to gather facts and submitting opinion letters to challenge the threshold can also change the direction of the compulsory measures. Fourthly, managing the expectations of the family: Don't pry into the details of the lawyer's case file, as the lawyer really can't see it during the investigation stage; what you should really ask is whether the meeting with the client has taken place, whether there are any abnormalities in the interrogation process, when the application for bail was submitted, and how the window for approving the arrest was arranged.

IV. Practical suggestions and legal basis

The first step is to entrust a lawyer to conduct the first meeting within 48 hours after criminal detention; the second step is for the lawyer to verify the circumstances of the case and the interrogation procedures, and to evaluate the conditions for bail; the third step is to submit a bail application and legal opinion before the approval of the arrest; the fourth step is to apply for access to the case file immediately after the transfer of the case for review and prosecution, and then proceed to the evidence evaluation stage. The main legal basis: Articles 34, 38, and 39 of the Criminal Procedure Law of the People's Republic of China (amended in 2018), the Regulations on Detention Centers, and relevant provisions on lawyer meetings; the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

There are three key points in the investigation phase: not being allowed to review the case file but being obliged to meet with the client, which must be arranged within 48 hours; the meeting is aimed at verifying the procedures and collecting evidence, and the application for bail should be submitted before the formal arrest; the right to review the case file begins from the stage of review and prosecution, and the focus of defense shifts according to the different stages. Those involved in criminal defense can obtain assistance through the following channels:Criminal defense and criminal case filingThe service receives professional support and reference for difficult casesSpecial servicesFor the column on property restitution and compensation, you can combine it with other related topics.Creditor's rights and debts, and enforcement板块。

VI. Frequently Asked Questions

Q1: When can the lawyer see all the case files?

From the date the case is transferred for review and prosecution, the defense attorney may review, excerpt, and copy the case file materials, including the accusatory evidence and procedural documents.

Q2: Are there any restrictions on the number of meetings between lawyers and clients during the investigation stage?

The law does not limit the number of visits. With the three certificates, one can visit multiple times; the detention center should arrange the visits within 48 hours. For the three types of special cases, the visits during the investigation period must be approved by the investigating organ.

Q3: Will the meeting be monitored?

It is a statutory right for defense lawyers to meet with detained suspects without being monitored. Prison staff may be present but must not interfere with lawyers' efforts to understand the case in accordance with the law.

Q4: Can family members learn about the case from the lawyer?

The lawyer may inform the suspect of basic matters such as the charges, the detention facility, and the progress of the proceedings. However, the lawyer will only disclose limited information about the evidence and defense strategies after making a professional judgment.

Q5: Is it possible to proceed without a lawyer's involvement during the criminal detention stage?

It's possible, but the risks are high: there's no one to check for procedural flaws, no one to seize the opportunity to apply for bail, and no one to remind the suspect of their rights during interrogation. Once the golden period for defense is missed, it's hard to make up for it.

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 currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limits.Criminal defense legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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.