What are the rules for arranging for a lawyer to meet with a criminal suspect?

Updated on society 2024-03-20
2 answers
  1. Anonymous users2024-02-07

    In order to ensure the security of prisons and the smooth progress of lawyers' meetings with lawyers, and to preserve the lawful rights and interests of criminal suspects or defendants, the following provisions are hereby made for lawyers meeting with criminal suspects or defendants on the basis of the spirit of the "Criminal Procedure Law", "Detention Center Regulations", "Provisions on Procedures for Public Security Organs Handling Criminal Cases", and the relevant provisions of the Ministry of Public Security, the Provincial Department of Public Procuratorate and Justice, and the Municipal Party Committee's Political and Legal Provisions, combined with the actual conditions of our city's detention centers:

    1. When lawyers handle meetings with detained criminal suspects or defendants, the detention center shall check the lawyer's valid practice certificate, the law firm's letter of introduction, power of attorney, or the people's court's notice of designation of defense.

    2. Lawyers shall meet with two criminal suspects or defendants in custody so that they can supervise each other and ensure safety; At least one person at the time of the lawyer's meeting is a practicing lawyer, and the other accompanying persons, if they are not practicing lawyers, should be persons from the same unit as the lawyer meeting and holding a certificate issued by the lawyer's management organ.

    III. During the investigation phase, in cases that do not involve state secrets, lawyers are to handle the meeting on the basis of the "Notice of Meeting with Detained Criminal Suspects" issued by the handling unit of the public security organ. Cases involving state secrets are to be handled on the basis of the "Decision on Approval to Meet with Criminal Suspects" issued by the handling unit of the public security organ.

    IV. During the review for prosecution and trial phases, the detention center may directly arrange for the lawyer to meet with the defendant, and present the indictment opinion or indictment and a letter of introduction from the law firm for handling, without the need for approval or arrangements from the investigative, procuratorial, or adjudication organs; Other defenders who are not lawyers may also meet with the criminal suspect in custody with the permission of the procuratorate and the specific case-handling department of the court.

    5. If the hired interpreter is brought with during the meeting, the documents approved by the handling organ must be presented.

    6. When lawyers meet, the criminal suspect or defendant in custody should be in one room per person.

    7. When a lawyer meets with a criminal suspect or defendant in custody, the public security organs may appoint personnel to be present.

    8. When lawyers meet with detained criminal suspects or defendants, they are not allowed to privately bring the criminal suspects or defendants' relatives or friends to participate in the meeting; It is prohibited to provide criminal suspects or defendants with all kinds of communication, photographic equipment, and other tools for communicating with the outside world; During the meeting, it is forbidden to provide any property for the criminal suspect or defendant or to carry any items out of the facility.

    IX. When lawyers meet with criminal suspects or defendants in custody, if they violate the provisions of law or the provisions of the meeting venue, the people's police present shall stop it, and when necessary, may decide to stop the meeting, and notify the lawyer management department in light of the severity of the circumstances.

    10. Where detention center staff do not follow provisions to complete meeting formalities, the lawyer may make a complaint to the organ that transferred or accepted the case, and may also report it to the relevant departments through the judicial-administrative organs.

  2. Anonymous users2024-02-06

    1. The defense lawyer may meet and correspond with the criminal suspect or defendant in custody;

    2. Where a defense lawyer requests a meeting with a detained criminal suspect or defendant with a lawyer's practice certificate, a law firm certificate, a power of attorney, or an official legal aid letter, the detention center shall promptly arrange for the meeting, and must not exceed 48 hours at the latest.

    Code of Criminal Procedure

    Article 39.

    Defense lawyers may meet and communicate with criminal suspects or defendants in custody. With the permission of the people's courts and people's procuratorates, other defenders may also meet and correspond with criminal suspects or defendants in custody. Where a defense lawyer requests to meet with a detained criminal suspect or defendant with a lawyer's practice certificate, a law firm certificate, a power of attorney, or an official legal aid letter, the detention center shall promptly arrange for the meeting, and must not exceed 48 hours at the latest.

    Code of Criminal Procedure

    Article 39.

    Defense lawyers may meet and communicate with criminal suspects or defendants in custody. With the permission of the people's courts and people's procuratorates, other defenders may also meet and correspond with criminal suspects or defendants in custody. Where a defense lawyer requests to meet with a detained criminal suspect or defendant with a lawyer's practice certificate, a law firm certificate, a power of attorney, or an official legal aid letter, the detention center shall promptly arrange for the meeting, and must not exceed 48 hours at the latest.

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