Establish on-site document review by lawyers.

Off-site marking, online marking

“Trinity” All-Scenario Assurance Mechanism

— The Supreme People’s Procuratorate and the Ministry of Justice jointly issued the “Regulations on Lawfully Safeguarding Lawyers’ Rights to Access Case Files.”

To thoroughly implement Xi Jinping’s Thought on the Rule of Law, legally safeguard lawyers’ rights to practice, and promote the establishment of a “three-in-one” mechanism for lawyers’ access to case files—covering on-site review, off-site review, and online review—thus better protecting the legitimate rights and interests of clients and upholding social fairness and justice, the Supreme People’s Procuratorate and the Ministry of Justice recently jointly issued the “Regulations on Safeguarding Lawyers’ Rights to Access Case Files in Accordance with the Law” (hereinafter referred to as the “Regulations”).

The “Work Regulations” specify that lawyers’ access to case files includes on-site review, off-site review, and online review. Specifically, on-site review refers to lawyers visiting the procuratorate handling the case to examine, excerpt, and copy the case files of the cases they are representing. Off-site review means that lawyers, at their registered procuratorate, may examine, excerpt, and copy electronic case files from higher-level procuratorates in other regions where they are handling cases. Online review involves lawyers applying via the internet to the procuratorate handling the case to access, excerpt, and copy the electronic case files of the cases they are representing.

With regard to the applicable scope of the three methods of accessing case files, the "Work Regulations" clearly stipulate that on-site access should be the primary method, with other methods serving as supplementary options. For cases represented by lawyers, on-site access is permitted in all instances; off-site and online access may be used as supplements to on-site access. If the case file materials are available in electronic form and suitable for transmission via the internet, applicants may request online access. If the electronic case files are not suitable for transmission over the internet, applicants may request off-site access.

With regard to the procedures for three different methods of reviewing case files, the "Work Regulations" specify that lawyers may physically visit the procuratorate handling the case to review the files on-site; the procuratorate will handle requests for off-site file reviews by lawyers through its prosecution business application system; and the procuratorate will process online file review requests from lawyers via the "12309 China Prosecutors’ Website."

The “Work Regulations” also stipulate provisions regarding the protection of lawyers’ rights and their obligation of confidentiality. If a lawyer believes that the procuratorate has violated relevant regulations and thereby obstructed the lawyer’s lawful exercise of the right to review case files, the lawyer has the right to file a complaint or appeal with the procuratorate itself or with the next higher-level People’s Procuratorate. If a lawyer believes that the procuratorate has violated relevant regulations and thus hindered the lawyer’s lawful exercise of the right to review case files, or if the lawyer disagrees with the handling opinion issued by the department within the procuratorate responsible for handling complaints and appeals, the lawyer may apply to the judicial administrative authority or the Bar Association for the protection of professional rights.

In addition, the “Work Regulations” clearly specify the requirements that lawyers must follow when reviewing case files: namely, signing a commitment letter for file review, completing a receipt form for file review, refraining from disclosing or disseminating key case information and file materials in violation of applicable regulations, refraining from disclosing or disseminating information and materials related to cases that are being heard in closed sessions in violation of applicable regulations, and refraining from using case file materials for purposes other than defense or representation in the current case.