When lawyers have access to criminal case files, it is important to help lawyers resolve criminal cases in the best way, protect their clients and ensure correct criminal proceedings. benefit to the client. When accessing criminal records, lawyers can read, copy, and study case files according to the provisions of the Criminal Procedure Code to make arguments before the Court. The following article by LawFirm.Vn will provide the necessary information on this issue.
1. Litigation stage in which Lawyers can participate
Defense attorneys participate in proceedings during the investigation phase. According to Article 74 of the 2015 Criminal Procedure Code :
– The time when the defense lawyer participates in the proceedings is from the time the defendant is prosecuted.
– In case of arrest or temporary detention of a person, the Lawyer will participate from the moment the arrested person is present at the headquarters of the investigation agency, the agency assigned to conduct a number of activities or from the moment the detention decision is made.
– In cases where the investigation needs to be kept secret, the Procuracy Director has the authority to decide to let the lawyer participate in the proceedings from the end of the investigation.
Thus, the earliest time a lawyer can participate in the proceedings is when the arrested person is present at the investigation agency’s headquarters.
2. When lawyers can access criminal case files
According to the provisions of Point l, Clause 1, Article 73 of the 2015 Criminal Procedure Code: Defense counsel has the right to read, take notes, and copy documents in case files related to the defense.
To ensure the defense counsel’s right to read, take notes and copy documents in case files, the 2015 Criminal Procedure Code regulates reading, taking notes and copying documents in case files. in Article 82.
Thus, after the end of the investigation, the competent authority conducting the proceedings is responsible for arranging a time and place for the defense counsel to read, take notes, and photocopy documents in the case file. The defense counsel has the right to read, take notes, and photocopy documents by electronic means, but may not take the case file out of the place where the competent authority conducts the proceedings to photocopy documents.
3. Things lawyers need to do when receiving criminal case files
When receiving documents from the agency competent to conduct proceedings to read, take notes, or copy, the defense counsel must check the documents and records contained in the assigned documents.
After reading, taking notes, and copying documents, the defense counsel must hand over the case file in its original state to the agency that provided the file. If documents or case files are lost, misplaced or damaged, they will be handled according to the provisions of law, depending on the nature and severity of the violation.
In case the defense counsel intentionally loses, misplaces, or damages documents and case files, depending on the cause and context of the incident, if subjectively he intentionally commits the above acts, the may be held criminally responsible for falsifying case and incident records according to the provisions of Article 375 of the 2015 Penal Code .
4. Meaning of accessing criminal case records
Helps Lawyers understand the content of the incident to provide legal bases and sharp arguments in the case.
Helps Lawyers know all the details related to the case, know whether the proceedings of the investigation agency, the procuracy, and the court are correct or not.
5. Problems that lawyers can solve when appearing in criminal cases
When a lawyer appears in a criminal case, the lawyer can solve many important issues in criminal proceedings to protect the legitimate rights and interests of his clients. Specifically:
– When the client in a criminal case does not fully understand the crime, the nature of the crime, and the handling by the prosecution agency. Clients cannot present their own arguments or argue with the agencies conducting the proceedings.
– Lawyers help clients grasp legal regulations related to crimes prosecuted for criminal liability, proceedings, time, and resolution process. Help your client understand the case in the most comprehensive way. Avoid unnecessary expenses as much as possible, have peace of mind, and think clearly when solving tasks.
– Helps clients feel secure and calmly evaluate the nature, extent, and legal consequences of the law violations that the prosecuting agency is handling.
– Helps clients provide direction and methods to overcome consequences, collect documents and evidence to exonerate them, reduce penalties or find the objective truth of the case.
– Meet and work with prosecution agencies to protect clients and treat them according to the law.
– Lawyers directly meet clients in detention camps or coordinate with agencies conducting interrogations to clarify the case.
– Directly defend clients at trial
For criminal cases, the sooner a lawyer comes in, the more effective it will be in proving the objective truth when the file has not been closed and the investigation agency is proving and clarifying details, behavior, and content. case. Minimize as much as possible injustice or excessive punishment in resolving criminal cases. It is important to help customers avoid wasting unnecessary costs and achieve maximum efficiency while handling work.
