Legal analysis
If it is a criminal detention, relatives are not allowed to visit during the detention, but defense lawyers can visit, lawyers meet with the criminal suspects in custody, and the investigation organ can send personnel to be present according to the circumstances and needs of the case. If it is administrative detention, all the prescribed visiting hours of administrative detention. Relatives and friends of the punished person can make an appointment in advance to visit the punished person at the visiting time specified by the administrative detention center. During criminal detention, no one is allowed to visit except the entrusted lawyer, but daily necessities and living expenses can be sent. Family members can only visit after the judgment of the case takes effect. There are three stages since the criminal suspect was taken into custody by the public security organs, namely, the stage of filing a case for investigation, the stage of examination and prosecution, and the stage of trial. In these three stages, relatives can't visit the suspect, and they can't visit before the judgment of the case takes effect. Since it is the investigation stage, you can entrust a lawyer. Defense lawyers can provide legal aid to criminal suspects during investigation; Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Ask the investigation organ about the crimes and cases suspected by the criminal suspect, and put forward opinions.
legal ground
Article 39 of the Criminal Procedure Law of People's Republic of China (PRC) * * * Defence lawyers may 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. The provisions of the first, third and fourth paragraphs shall apply to the meetings and correspondence between defense lawyers and criminal suspects and defendants who are under surveillance.
"Regulations of People's Republic of China (PRC) Detention Center" Article 28 A prisoner may communicate and meet with his near relatives with the consent of the case-handling organ and the approval of the public security organ during his detention.
Article 35 of the Measures for Implementing the Regulations of People's Republic of China (PRC) Detention Center shall not meet with criminals more than once a month, each meeting shall not exceed half an hour, and each meeting shall not exceed three close relatives. During the meeting, there should be case handlers and guards at the scene to monitor. Foreign criminals, ethnic minority criminals and deaf-mute criminals must also have translators hired by the case-handling organ present. During the meeting, it is forbidden to talk about the case, not to talk in code, and not to pass things privately. In violation of the provisions, do not listen to stop, shall be ordered to immediately stop the meeting.