Lawyers meet prisoners in detention centers with unlimited time and frequency. When a lawyer meets a criminal suspect or defendant in custody, the detention center shall ensure the time and times required for the lawyer to perform his defense duties.
The Supreme People's Court, the Supreme People's Procuratorate, Ministry of Public Security, Ministry of National Security and Ministry of Justice "Provisions on Protecting Lawyers' Practicing Rights according to Law" Article 7 Defense lawyers meet with criminal suspects and defendants in custody at detention centers. After checking lawyers' practicing certificates, law firm certificates, power of attorney or legal aid letters, detention centers shall arrange meetings in time. If it can be arranged at that time, it will be arranged at that time; If it cannot be arranged at that time, the detention center shall explain the situation to the defense lawyer and ensure that the defense lawyer meets the criminal suspect and defendant in custody within 48 hours.
When arranging a meeting, the detention center shall not attach other conditions or ask the defense lawyer to submit other documents and materials other than those prescribed by law in disguise, and shall not refuse to arrange a meeting for the defense lawyer on the grounds of not receiving the notice from the case-handling organ.
The detention center shall set up a meeting appointment platform to facilitate the meeting of defense lawyers through online appointment or telephone appointment, but it shall not refuse to arrange the meeting of defense lawyers on the grounds of not making an appointment.
Related extensions:
What are the rights of lawyers?
According to the relevant provisions of the Lawyers Law and the Civil Procedure Law, the rights of lawyers mainly include the following:
1. Lawyers are not subject to illegal interference by any unit or individual when they represent civil litigation according to law, and enjoy the right to practice independently and are protected by national laws.
2. Lawyers have the right to consult the files and investigate from relevant units and individuals in civil proceedings. Lawyers have the right to consult, extract and copy materials related to this case. With the consent of the relevant units and individuals, lawyers can investigate and collect evidence from them.
3. Lawyers have the right to ask questions to the parties, witnesses and expert witnesses with the permission of the presiding judge in court; Have the right to apply for notifying new witnesses to testify in court; Have the right to apply for new evidence; Have the right to object to the witness testimony, expert conclusion, inspection record and other evidence read in court; Have the right to apply for re-appraisal or re-inspection.
4. Lawyers have the right to refuse to represent clients if they find that they have forged, concealed or destroyed evidence and made unreasonable and illegal demands.
5. Lawyers have the right to expose, report and accuse judges and executors of violating the legitimate rights and interests of the state, collectives and citizens in litigation.
6. In civil litigation, lawyers have the right to apply to the court for an extension because of the complexity of the case, the urgency of the court session and the lack of preparation time.
7. The right to terminate the entrustment relationship. If the client uses the services provided by the lawyer to engage in illegal activities, the client conceals facts from the lawyer or makes unreasonable demands, and the client seriously insults the lawyer's personality, the lawyer has the right to terminate the agency contract.
8. Other rights enjoyed by lawyers as stipulated by laws and regulations.
Procedures for lawyers to meet criminal suspects
1. If a lawyer is entrusted by a criminal suspect or defendant to provide legal aid or act as a defender, he shall issue a letter of introduction from the law firm, a power of attorney and a lawyer's practice certificate to the detention center when meeting with the criminal suspect or defendant.
2. If a lawyer accepts the employment of relatives of a criminal suspect or defendant, or the relevant organ or unit conveys the employment requirements, when meeting with the criminal suspect or defendant, he shall issue a letter of introduction from the law firm, show his lawyer's practice certificate to the detention center, and the criminal suspect or defendant shall sign a power of attorney to confirm it, which shall be checked and recorded by the detention center.
3. When meeting with criminal suspects and defendants, the number of lawyers can be 1 to 2. Trainee lawyers and certified paralegals may assist lawyers in making interrogation records when meeting with criminal suspects and defendants.
4. When a lawyer meets a criminal suspect or defendant suspected of murder, robbery, stirring up trouble and other violent crimes, or if the criminal suspect or defendant is female, at least two people shall meet, of which 1 person can be a trainee lawyer or a paralegal.
5. Due to special circumstances, if a lawyer needs to meet with a criminal suspect or defendant outside holidays and normal working hours, he shall submit a written application to the law firm in advance and report it to the leaders in charge of the detention center for approval. If a lawyer applies for a meeting according to the provisions of the preceding paragraph, the detention center shall make a decision on whether to agree to arrange a meeting within 48 hours after receiving the written application, and notify the applicant in time.
6. Correspondence between lawyers and criminal suspects and defendants shall be submitted to the case-handling department in accordance with regulations, which shall transfer it to the detention center for transfer to the criminal suspect and defendant. The lawyer shall copy the letter for the record.
7. When meeting with a criminal suspect or defendant, a lawyer shall abide by the relevant regulations of the detention center, and shall not pass articles and letters to the criminal suspect or defendant without authorization, and shall not lend wireless communication equipment such as mobile phones to the criminal suspect or defendant for use. The relevant provisions of the detention center shall be posted in a conspicuous position.
8. The detention center shall provide convenience for lawyers to meet with criminal suspects and defendants, and arrange suitable interview rooms. If it is necessary to guard the interviewee, the guards should pay attention to the way of guarding, try to avoid or reduce the worries of the criminal suspect and the defendant when talking, and ensure that the criminal suspect and the defendant fully exercise their right to defense according to law.
9. Guardians of detention centers shall strictly perform their duties when lawyers meet with criminal suspects and defendants, ensure the personal safety of lawyers, and prevent criminal suspects and defendants from escaping, committing crimes and committing suicide. After the meeting, the lawyer shall, in accordance with the regulations of the detention center, go through the formalities of handing over the criminal suspect and defendant to the guards. During the meeting, if the lawyer finds that the suspect and the defendant are emotional and irritable and may commit suicide, he should inform the caretaker in time.
Legal basis:
Provisions of the Supreme People's Court, the Supreme People's Procuratorate, Ministry of Public Security, Ministry of National Security and Ministry of Justice on Protecting Lawyers' Practice Rights in accordance with the law.
Article 7 A defense lawyer shall meet with the criminal suspect or defendant in custody at the detention center. After checking the lawyer's practice certificate, the certificate of law firm, the power of attorney or the official letter of legal aid, the detention center shall arrange the meeting in time. If it can be arranged at that time, it will be arranged at that time; If it cannot be arranged at that time, the detention center shall explain the situation to the defense lawyer and ensure that the defense lawyer meets the criminal suspect and defendant in custody within 48 hours.
When arranging a meeting, the detention center shall not attach other conditions or ask the defense lawyer to submit other documents and materials other than those prescribed by law in disguise, and shall not refuse to arrange a meeting for the defense lawyer on the grounds of not receiving the notice from the case-handling organ.
The detention center shall set up a meeting appointment platform to facilitate the meeting of defense lawyers through online appointment or telephone appointment, but it shall not refuse to arrange the meeting of defense lawyers on the grounds of not making an appointment.