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In the case of suspects, visits are generally not allowed, but in the case of convicted offenders, because the verdict has already entered into force, the visit will not have any impact on the case, so the family can apply for visitation.
Suspects can only meet with lawyers. The earliest time when the family can see the suspect is usually when the suspect is **. ** Family members can observe, and they can meet the suspect by auditing.
However, auditing is not a visit, and communication is generally not allowed. The main reason why the law stipulates this is to prevent collusion of confessions, to prevent family members or co-defendants from destroying evidence, transferring stolen money and goods, or threatening victims, thereby affecting the judicial organs' handling of cases. So the family members can't see their families for a long time.
There are a few things that families need to be aware of when visiting:
One is the object of visitation. Generally, only close relatives and persons with whom they have a close relationship can apply for visitation;
The second is that the person is still in the detention center. For those who need to be transferred to prison to serve their sentences, they are generally transferred to prison within one month, and if they are sent away, they can only visit them in prison.
The third is the time of visitation. Many detention centers have different regulations, and many detention centers have time and frequency restrictions on visits, so be sure to check with the detention center first to miss the time of visitation.
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Legal Analysis: Unconvicted prisoners in detention centers are not allowed to visit their detainees, except for their lawyers, and are not allowed to see anyone. Convicts who have already been sentenced to serving a sentence in a detention center may be allowed to visit, but not more than twice a month.
Before the trial, only lawyers were allowed to meet with them, and family members and friends were not allowed to visit.
Legal basis: "Measures for the Management of Criminals Serving Sentences in Detention Centers" Article 45: Convicts may meet with their relatives or guardians once or twice a month, not to exceed one hour each time. No more than three persons come to meet with the offender at any one time.
Where it is necessary to extend the time for a meeting, increase the number of people to be met due to special circumstances, or a person other than their relatives or guardians requests a meeting, it shall be upon the approval of the detention center leadership.
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Legal analysisIn the first case, if the person has just been detained for a crime and has not been sentenced, or has not been transferred to prison after being sentenced, the family members cannot meet with them, only the lawyers. 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. In the second case, convicts who have already been sentenced to serving a sentence in a detention center may be allowed to visit, but not more than three times a month. Generally, Saturdays and Sundays are not visiting times.
Not everyone has the right to visit, and generally only close relatives or other close relatives of the offender can. However, it is permissible to send things or money to prisoners from outside, but the items must be purchased from a store affiliated with the detention center or can be delivered after inspection.
Legal basisPrison Law of the People's Republic of China》 Article 48: During the period of serving their sentence in prison, convicts may meet with their relatives and guardians in accordance with regulations.
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Legal Analysis: There are two scenarios:
In the first case, if the person suspected of committing a crime has just been detained and has not yet been sentenced, or has not been transferred to prison after being sentenced, the family members cannot meet with them, and only the lawyers can meet with them.
In the second case, the defendant or criminal suspect who has already been convicted and is still detained in the detention center at the end of his sentence may be met with by his or her immediate family members at the time specified by the detention center.
Legal basis: Regulations of the People's Republic of China on Detention Centers" Article 28: During the period of detention, with the consent of the case-handling organ and the approval of the public security organs, prisoners may communicate and meet with their close relatives.
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