Study On The Right Of Reviewing Case Files To Defendants

As the right of the defendant is increasingly concerned in the field of criminalproceeding, more countries begin to acknowledge the dominant position of thecriminal defendant, and the accused is allowed to use. The right of defense, It’s one ofsignificant means to accrue right of reviewing case files to defendants that they areprotected to exercise their defense rights. The right of reviewing case files means thedefendant is empowered to access the case materials in criminal proceedings In Chinait has been a controversial issue about entitling the right of reviewing case files to theaccused in legal profession. According to the analysis this right has theoretical solidbasis, which is a protection tool for defendants to fully defense and equality with aims.at the same time, the defendant, as the parties to the case, if the marking, to discoverthe truth of the facts of the case and identify the illegal evidence a very large role,especially for the promotion of the improvement of the effectiveness of theproceedings very large significance. This paper points out the defects of China’sexisting system in order to establish better system of defendants reviewing case filesthrough the theoretical analysis of reading case record of defendants, referring thesystems from Taiwan China and German, comparing the difference of systemsbetween China, comparing the different evidence and common law DiscoverySystems between domestic and western law, and analyzing the given defendantreviewing case files system provisions on the “European Convention on HumanRights” and “the International Covenant on Civil and Political Rights". Regarding tothe time of reviewing the case files, it is more practical to operate on the day ofprosecution, which is due to the need of protecting the dossier from accessing duringthe investigation. Also, it is more referential because in China’s current reading caserecords system for lawyers the reviewing date starts when prosecution initiates as well.About the location of the reviewing, the “Review anywhere as the case records are”can be applied. That is, the materials can be review anywhere they are kept. In theexercising of the reviewing case files, it is proper for defendant himself to review thecopy of case materials in case that the original materials are destroyed or tampered bythe accused，And if the defendant is not scoring restriction of personal freedom,through the transfer of the defender indirectly reading case records. In the range of the case materials reviewing, given the state secrets, commercial secrets or individualprivacy as well as relating other cases’ interests are involved the reading should belimited. If witness protection is involved from the case materials, the judiciary canconceal the relevant witness private information first and subsequently let defendantaccess the case records. There are three situations to make up if the right of legallyreviewing the case materials is offended. First, the action can be terminated oralternated if applying to review coercive measures is rejected. Second, the defendantcan apply to the court for an adjournment if application for reviewing is dismissed.Third, if the accused is convicted because of rejection for applying the review of thecase, he can appeal to a higher court.