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Matters that lawyers should pay attention to when meeting with detained criminal suspects or defendants are:
1. Lawyers meeting with criminal suspects shall comply with the relevant provisions made by the detention facility in accordance with law;
2. Do not pass items or letters to criminal suspects;
3. The communication tools must not be lent to the criminal suspect;
4. The case must not be investigated, and witnesses and victims must not be met;
5. Strictly guarantee the confidentiality of the trembling accompaniment;
6. Do not carry out other activities that violate the law.
Materials to prepare:
1. Lawyer's practice certificate and a copy of lawyer's practice certificate;
2. Power of attorney;
3. The law firm issues a "Letter of Lawyer's Meeting with Detained Criminal Suspects";
4. The law firm issues a "Special Letter of Introduction for Lawyers to Meet with Detained Criminal Suspects and Defendants".
Legal basisArticle 34 of the Criminal Procedure Law of the People's Republic of China.
Criminal suspects have the right to retain a defender from the date on which they are first interrogated by the investigating organs or on which compulsory measures are taken; During the investigation, only a lawyer can be appointed as a defense against the fool. The defendant has the right to retain a defender at any time. When the investigating organs interrogate a criminal suspect for the first time or employ compulsory measures against the criminal suspect, they shall inform the criminal suspect that they have the right to retain a defender.
Within 3 days of receiving the case materials transferred for review for prosecution, the people's procuratorate shall inform the criminal suspect that he or she has the right to retain a defender. Within 3 days of accepting the case, the people's court shall inform the defendant that they have the right to retain a defender. Where a criminal suspect or defendant requests to retain a defender while in custody, the people's courts, people's procuratorates, and public security organs shall promptly convey their request.
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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 organ for the management of the lawyer who is suspected of attacking them. 3. During the investigation phase, in cases that do not involve state secrets, lawyers are to handle meetings on the basis of a "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. 4. During the review for prosecution and trial phases, the hired lawyer may arrange for a meeting with the defendant directly by the detention center, and present the indictment opinion or indictment and a letter of introduction from the law firm, without the need for approval and 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 to 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 detained criminal suspects or defendants, if they violate the provisions of the law or the provisions of the venue for the meeting, 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. Article 33 of the "Lawyers Law" provides that where a lawyer serves as a defender, he has the right to meet with criminal suspects or defendants who are in custody or under residential surveillance in accordance with the provisions of the Criminal Procedure Law with a lawyer's practice certificate, a law firm certificate, a power of attorney, or an official letter of legal aid.
Defense lawyers are not to be monitored when meeting with criminal suspects or defendants.
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A criminal suspect can only hire a maximum of two lawyers. The specific provisions of the law on this are that in addition to exercising their own right to defend themselves, criminal suspects and defendants may also retain one or two defenders as defenders, that is to say, a criminal suspect may hire one or two defense lawyers, and no more than two. In addition to lawyers, persons that criminal suspects may also hire include people recommended by people's organizations or the criminal suspect's or defendant's unit, as well as the criminal suspect's or defendant's guardian, relatives and friends.
Criminal Procedure Law of the People's Republic of China
Article 32: In addition to exercising their right to defend themselves, criminal suspects or defendants may also retain one or two persons as defenders. The following persons may be appointed as advocates:
a) Lawyers; Zheng Zha2) Persons recommended by people's organizations or the criminal suspect or defendant's unit;
3) The guardians of criminal suspects or defendants, or former relatives and friends.
Persons who are currently serving a criminal punishment or who have been deprived or restricted of their physical liberty in accordance with law must not serve as a defender.
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