After the criminal suspect is arrested, his legal representative, close relatives or lawyers may apply to the detention center for an interview. The detention center shall arrange a lawyer to meet within 24 hours, except in special circumstances.
According to Article 34 of the Criminal Procedure Law of People's Republic of China (PRC), "during the investigation, the defense lawyer may meet with the criminal suspect in custody, learn about the case from the criminal suspect and provide legal assistance." In addition, Article 33 of the Regulations on the Administration of Detention Centers also clearly stipulates: "Detention centers should provide convenient conditions for defense lawyers to consult, extract and copy case files."
Therefore, lawyers can meet criminal suspects after arrest, and detention centers should provide convenient conditions for defense lawyers to consult, extract and copy files.
The rights and obligations of lawyers to meet criminal suspects;
Lawyers' right to meet criminal suspects includes understanding the case, providing legal assistance and listening to the opinions of criminal suspects. At the same time, lawyers also have the obligation to abide by the law, keep secrets and protect the legitimate rights and interests of criminal suspects.
Matters needing attention when lawyers meet with criminal suspects:
Lawyers shall abide by laws and regulations when meeting criminal suspects, and shall not interfere, interfere or influence cases. At the same time, lawyers should also protect the legitimate rights and interests of criminal suspects and must not infringe on their personal rights and property rights.
The importance of lawyers meeting suspects;
It is of great significance for lawyers to meet with criminal suspects to safeguard their legitimate rights and interests and their litigation rights. By meeting with lawyers, criminal suspects can keep abreast of the case, express their demands and opinions and safeguard their legitimate rights and interests.
To sum up, lawyers can meet criminal suspects after arrest, and detention centers should provide convenient conditions for defense lawyers to consult, extract and copy files. When meeting with criminal suspects, lawyers should abide by laws and regulations, protect the legitimate rights and interests of criminal suspects and safeguard their litigation rights. The importance of lawyers meeting with criminal suspects lies in safeguarding the legitimate rights and interests of criminal suspects and their litigation rights.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 39
Defense lawyers can meet and correspond with criminal suspects and defendants 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 criminal cases endangering national security and terrorist activities, 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.