Who can read the criminal case file?

In criminal cases, only the defendant's defense lawyer can consult the file.

Review of criminal evidence:

1, direct written (physical) verification.

(1) For objective evidence such as physical evidence (photos), documentary evidence, expert opinions, inquests, inspections, identifications, investigation records, etc., the defense lawyer may make another copy or extract the relevant evidence, and then directly submit it to the criminal suspect and defendant in written form for inspection and verification.

(2) The audio-visual materials and electronic data collected in the volume should be understood and verified according to the evidence itself, such as whether the case-handling unit has converted QQ, WeChat chat records, mobile phone short messages, surveillance videos, audio recordings, etc. Into written form or into language materials, and so on.

(3) For audio-visual materials such as synchronous audio and video recordings of investigation and interrogation, which are not suitable for verification in the detention place, the defense lawyer can verify with the criminal suspect and defendant after watching.

2. Direct two-way verification. The defense lawyer can copy (pick out separately) or extract the relevant evidence materials of the confession and defense of the criminal suspect and the defendant, and then submit them directly to the criminal suspect and the defendant in writing for examination and verification. The two sides can ask questions and communicate with each other if they have doubts about this part of facts and evidence.

3. Indirect one-way verification.

The difference between criminal judgment and criminal judgment;

1, the content is different. The criminal ruling is a written conclusion on the procedure and some substantive issues of the case, and criminal judgment is a written conclusion on the substantive issues of the case;

2. Different methods of use. A criminal ruling can be used during the trial of a case or at the end of the case, and a criminal case can have multiple effective criminal rulings. Criminal judgments can only be used when closing the case, and a case can only have one effective judgment;

3. The appeal period is different. The criminal ruling stipulates that the appeal period is 5 days, while that in criminal judgment is 10 days. The judgment of the first instance allows appeal, while the ruling of the first instance allows some appeals and some do not.

To sum up, according to the relevant provisions of the law, criminal files cannot be handed over to the parties of criminal suspects, but lawyers as criminal suspects can consult the files according to law.

Legal basis:

Article 40 of the Criminal Procedure Law of People's Republic of China (PRC)

From the date when the people's procuratorate examines and prosecutes the case, the defense lawyer may consult, extract and copy the case file. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.