Legally, lien refers to the situation that the investigated person has committed serious duty violations or duty crimes, and the supervisory organ needs further investigation after obtaining evidence. At the same time, if the person under investigation has legal circumstances, with the examination and approval of the supervisory organ, the person under investigation can be detained in a designated place, and the person under investigation cannot leave the specific place.
First, there is no provision in the supervision law (draft) for lawyers to interfere with the handling of cases by the supervision Committee. So far, there are no other laws, regulations or judicial interpretations that clearly stipulate that lawyers can meet the parties who have been detained. Therefore, there is no legal basis for lawyers to meet the parties who have been taken lien measures.
Second, if the detained party is transferred to the people's procuratorate for examination and prosecution because of a suspected crime, the lawyer can meet and accept the entrusted defense according to the provisions of the Criminal Procedure Law. According to Article 45 of the Supervision Law: "The supervisory organ shall take the following measures according to the results of the supervision and investigation: (4) If the supervisory organ, after investigation, considers that the facts of the crime are clear and the evidence is true and sufficient, it shall put forward a prosecution opinion and transfer it to the people's procuratorate for examination and prosecution; The people's procuratorate takes compulsory measures against the investigated person in accordance with the Criminal Procedure Law of People's Republic of China (PRC); " After the case is transferred to the people's procuratorate, it is directly transferred to criminal proceedings. At this stage, lawyers can accept the entrustment of family members to provide legal services for criminal suspects.
To sum up, lawyers are not allowed to meet after being detained by the supervisory Committee. At this stage, you can entrust a lawyer to investigate the case, plan the legal scheme, evaluate the legal risks, and issue corresponding legal opinions to prepare for the later case to enter the next process.
Legal basis:
People's Republic of China (PRC) supervision law
Article 22 If the person under investigation is suspected of serious job-related illegal acts or job-related crimes such as corruption and bribery, dereliction of duty and dereliction of duty, and the supervisory organ has mastered some facts and evidence of illegal crimes, and there are still important issues that need further investigation, under any of the following circumstances, with the approval of the supervisory organ, it may be placed in a specific place according to law:
(a) involving major and complex cases;
(two) may escape or commit suicide;
(three) may collude or forge, conceal or destroy evidence;
(four) there may be other acts that hinder the investigation.
The supervisory organ may, in accordance with the provisions of the preceding paragraph, take lien measures against persons involved in bribery crimes or crimes committed by the same post.
The establishment, management and supervision of the lien place shall be implemented in accordance with the relevant provisions of the state.