What are the rules for lawyers to meet with criminal suspects?

Updated on society 2024-07-03
2 answers
  1. Anonymous users2024-02-12

    There are no special provisions for lawyers' meetings with criminal suspects, and lawyers can meet with criminal suspects as long as they make an appointment in advance.

  2. Anonymous users2024-02-11

    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 lawyer Chai Liang handles a meeting with a criminal suspect or defendant in custody, the detention center shall check the lawyer's valid practice certificate, the law firm's letter of introduction, the 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.

    3. In the investigation phase, for cases that do not involve state secrets, the lawyer handles 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.

    4. During the review for prosecution and trial phases, the hired lawyer may be directly arranged by the detention center to meet with the defendant, and present the written opinion or indictment and a letter of introduction from the law firm for handling, 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 you bring a hired interpreter during the meeting, you must present the documents approved by the handling organ.

    6. When a lawyer meets, 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 bring the criminal suspect's or defendant's 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.

    9. When lawyers meet with detained criminal suspects or defendants, if they violate legal provisions 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 depending on the severity of the circumstances, notify the lawyers' management department.

    10. Where detention center staff do not follow provisions to go through formalities for meetings, 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.

    To sum up the above, when a lawyer meets with a criminal suspect, he must meet the conditions stipulated by the law, and the detention center will also check the relevant documents of the client during the meeting, and the time of the meeting generally cannot exceed 48 hours, so it can be regarded as reasonable and legal during the meeting.

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