In China's criminal procedure law, only it is expressly stipulated that defense lawyers will not be monitored when meeting with criminal suspects and defendants, and there is no provision that other defenders will not be monitored when meeting. Moreover, if other defenders need to meet, they need permission from the people's court or the people's procuratorate.
Therefore, other defenders have no right not to be monitored during the meeting. Whether to monitor or not, or whether the judicial organs send personnel to the scene, should be decided by the procuratorate or the court that granted the interview permission according to the needs.
Criminal procedure law
Article 37 A defense lawyer may meet and correspond with a criminal suspect or defendant in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody.
If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate, a power of attorney or a letter of legal aid to ask for a meeting with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest.
In cases of crimes endangering national security, terrorist activities and particularly serious bribery crimes, defense lawyers should obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. The investigation organ shall notify the detention center of the above situation in advance.
When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide legal advice. From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants.