What are the rules of lawyer meeting in criminal procedure law?
In some criminal litigation cases, criminal suspects and defendants may ask lawyers of the criminal procedure law to meet with them. In order to help the suspects or defendants better, lawyers need to know the charges involved in the case and their related circumstances, and defend them. Meeting with lawyers is an important activity. What are the provisions of the Criminal Procedure Law on meeting with lawyers? 1. The time for a criminal suspect to hire a lawyer in the investigation stage is advanced from "after the first interrogation" in the current criminal procedure law to "from the date of the first interrogation". The new criminal procedure law also cancels the restriction that a criminal suspect involved in a state secret case can only hire a lawyer with the approval of the investigation organ. Completely absorbed the provisions of the lawyer law. 2. Meeting Procedure The new criminal procedure law has absorbed Article 33 of the Lawyers Law, stipulating that "a lawyer may meet with a lawyer's practice certificate, a certificate of law firm, a power of attorney or a letter of legal aid" (three certificates). 3. Meeting Procedure The provision that lawyers meet with criminal suspects and defendants without being monitored cancels the provision that the current criminal procedure law can send personnel to be present when meeting with the investigation organ at the investigation stage according to the situation. For general cases, the lawyer's meeting should be directly submitted to the detention center and must be arranged within 48 hours at the latest. To some extent, this provision solves the problem that lawyers must be arranged by the case-handling organ during the investigation stage, but the 48-hour grace period in the detention center may bring new problems in practice. Moreover, once "forty-eight hours" becomes the norm, it will directly affect the overall meeting effect in the three stages of investigation, review, prosecution and trial. 4. The scope of the interview is different from the lawyer's law. Although the new criminal procedure law has abolished the restriction that lawyers should obtain the consent of the investigation organ in the investigation stage of cases involving state secrets, it has increased the restriction that "defense lawyers should obtain the consent of the investigation organ in the investigation process for crimes endangering state security, terrorist activities and particularly serious bribery cases". Therefore, in fact, compared with the current Criminal Procedure Law and Lawyers Law, the scope for lawyers to meet with detainees during investigation has been expanded. That is, the lawyer's right to meet is obviously reduced compared with the current legal provisions. 5. The lawyer's meeting with the suspect is not monitored. 1. The lawyer's interview here refers to the lawyer's right to meet in the process of criminal proceedings. The lawyer's right to meet is an extremely important right of lawyers in criminal proceedings. When a lawyer meets a client in the process of civil litigation or other non-litigation legal affairs, it is generally not called "lawyer meeting" but "meeting the client". 2. The purpose of establishing the lawyer interview system according to law is to ensure that criminal suspects and defendants can realize their litigation rights in the process of criminal proceedings. Criminal suspects and defendants are in a passive position in the process of criminal proceedings, especially those who have been taken criminal compulsory measures. They are in a state of detention and restriction of personal freedom. They are bound to be restricted in exercising their litigation rights, and of course there are certain limitations. Therefore, it is a favorable way for lawyers to meet them, understand their wishes, provide them with legal help, and file complaints and accusations on their behalf when their rights are violated. 3. The lawyer's right to meet comes from two aspects, one is the authorization based on the entrustment relationship, and the other is the right based on the lawyer's position in criminal proceedings. The former is based on the authorization of the client's rights, and its purpose is to make up for the lack of self-defense ability of criminal suspects and defendants, provide them with legal advice, apply for bail pending trial, and appeal and accuse on their behalf. The latter is a right endowed by law based on the status and role of lawyers in criminal proceedings. It is an important job for lawyers to perform their duties as defenders, understand the alleged crimes and related cases by meeting with criminal suspects and defendants, and put forward "innocent" and "lighter" defense opinions for criminal suspects and defendants. From the above, we can know that the Criminal Procedure Law has five provisions on lawyers' meeting. It is stipulated that meetings can be held from the date of the first inquiry, and lawyers should follow the meeting procedures. Within the prescribed interview scope, the meeting between lawyers and criminal suspects will not be monitored.