Law

Two departments jointly issued regulations to safeguard lawyers' right to review papers, clarifying on-site, off-site, and online review processing methods

2025-12-11   

The Supreme People's Procuratorate and the Ministry of Justice recently jointly issued the "Work Regulations on Safeguarding Lawyers' Right to Review Papers in Accordance with the Law" (hereinafter referred to as the "Work Regulations"), which guarantees lawyers' right to practice in accordance with the law and promotes the construction of a comprehensive protection mechanism for lawyers' review papers, including on-site review, off-site review, and online review. The Work Regulations stipulate that lawyer grading includes on-site grading, off-site grading, and online grading. Among them, on-site grading refers to lawyers visiting the prosecutor's office to review, extract, and copy the case files of the cases they represent. Off site grading refers to lawyers accessing, excerpting, and copying electronic case files from other procuratorates of the same level in their registered location. Online marking means that lawyers apply to the case handling procuratorate for consulting, extracting and copying the electronic files of their cases through the Internet. For the scope of application of the three marking methods, the "Work Regulations" clearly stipulate that on-site marking should be the main method, supplemented by other marking methods. For cases represented by lawyers, on-site marking can be used, and remote marking and online marking can be used as supplements to on-site marking; If the file materials have electronic files and are suitable for transmission through the Internet, they can apply for online marking; Those who are not suitable for transmitting electronic files through the Internet can apply for remote marking. Regarding the handling methods of the three types of grading, the "Work Regulations" stipulate that lawyers go to the procuratorate to conduct on-site grading; The prosecutor's office handles the matter of lawyers' cross regional grading through the prosecutorial application system; The procuratorate handles the online review of lawyer papers through the "12309 China Procuratorate Network". The Work Regulations also stipulate the protection of lawyers' rights and confidentiality obligations. Lawyers who believe that the procuratorate has violated relevant regulations and obstructed their exercise of the right to review case files in accordance with the law have the right to file a complaint and appeal to the procuratorate or its higher-level people's procuratorate. If a lawyer believes that the procuratorate has violated relevant regulations and obstructed the exercise of their right to review case files in accordance with the law, or has objections to the handling opinions of the department responsible for prosecuting and appealing to the procuratorate, they may apply to judicial administrative organs or bar associations to safeguard their professional rights. In addition, the "Work Regulations" clarify that lawyers should comply with relevant regulations during the review process, such as signing a commitment letter for subscribing to the review, filling out the review receipt, not disclosing or disseminating important case information and case materials in violation of regulations, not disclosing or disseminating information and materials related to unfair trial cases in violation of regulations, and not using case materials for purposes other than defense and representation in this case. (New Society)

Edit:Wang Shu Ying Responsible editor:Li Jie

Source:Workers' Daily

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