Legal analysis
Lawyers meet with prisoners in detention centers, the time and number of times are not limited. Lawyers meet with criminal suspects and defendants in custody, the detention center shall guarantee the time and number of times needed for lawyers to perform their defense duties. The supreme people's court, the supreme people's procuratorate, the ministry of public security, the ministry of state security, the ministry of justice in accordance with the provisions of the relevant laws defense lawyers to meet with criminal suspects and defendants in custody, the detention center in the examination of lawyers' practicing certificates, law firms, and the letter of attorney or legal aid official letter, shall arrange for a meeting in a timely manner. Can be arranged at that time, shall be arranged at that time; can not be arranged at that time, the detention center shall explain the situation to the defense attorney, and to ensure that the defense attorney within forty-eight hours will meet with the detained criminal suspects and defendants. The detention center shall not impose other conditions or require the defense counsel to submit documents or materials other than those stipulated by law, and shall not refuse to arrange a meeting with the defense counsel on the grounds that it has not received notification from the authorities handling the case. The detention center shall set up a meeting appointment platform, take online appointment, telephone appointment, etc. to facilitate the meeting for defense lawyers, but shall not refuse to arrange a meeting for defense lawyers on the grounds that they have not made an appointment to meet with them.
Legal Basis
Article 39 of the Criminal Procedure Law of the People's Republic of China
Defense attorneys may meet and correspond with criminal suspects and defendants in custody. Other defenders may, with the permission of the people's court or the people's procuratorate, also meet and correspond with criminal suspects and defendants in custody. Where a defense counsel holds a lawyer's practice certificate, a certificate of a law firm and a power of attorney or an official letter of legal aid requesting a meeting with a criminal suspect or defendant in custody, the detention center shall promptly arrange for such a meeting, which shall not exceed forty-eight hours at the latest. Endangering national security crimes, terrorist activity crime cases, during the investigation of defense lawyers to meet with the detained criminal suspects, shall be permitted by the investigating authorities. In the above cases, the investigating authority shall notify the detention center in advance. When a defense counsel meets with a criminal suspect or defendant in custody, he or she may learn about the case and provide legal advice, etc.; from the date when the case is transferred for examination and prosecution, he or she may verify the relevant evidence with the criminal suspect or defendant. A defense lawyer's meeting with a criminal suspect or defendant is not subject to wiretapping. Defense counsel to meet and correspond with the criminal suspect or defendant under residential surveillance, the provisions of paragraphs 1, 3 and 4 shall apply.