To promote the establishment of a full-scenario mechanism for accessing case files — encompassing on-site, cross-regional, and online access — the Supreme People's Procuratorate and the Ministry of Justice jointly issued the regulations on lawfully safeguarding lawyers' rights to access case files. This initiative aims at better protecting the legitimate rights and interests of the relevant parties and upholding social fairness and justice.
The regulations specify that lawyers may access case files through on‑site, cross-regional, or online means. On‑site access refers to lawyers visiting the procuratorate handling a case to review, extract, or copy files in person. Cross-regional access refers to lawyers reviewing, extracting, or copying electronic files of cases handled by procuratorates of the same level in other regions through the procuratorate at their place of registration. Online access enables lawyers to apply via the internet to the case-handling procuratorate for reviewing, extracting, or copying electronic files of the cases they represent.
Regarding the scope of application for the three access methods, the regulations clarify that on-site access shall be the primary approach, with the other two serving as supplementary approaches.
With regard to the procedures for the three access methods, the regulations require that lawyers shall conduct on‑site access by visiting the case-handling procuratorate in person. Cross-regional access is conducted through the procuratorial business application system, while online access is processed via the online service platform: 12309 China Procuratorate website.
The regulations also set out provisions on lawyers' rights and on confidentiality obligations.
In addition, the regulations clarify the rules lawyers shall comply with when accessing case files. Lawyers are required to sign a formal case file access commitment and complete access receipts. They shall not, in violation of regulations, disclose or disseminate important case information or materials, particularly from cases not heard in public, nor shall they use case files for purposes other than defense or legal representation in the specific case.
