Article 37 A defense lawyer may meet and correspond with a criminal suspect or defendant 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 cases of crimes endangering national security, terrorist activities and particularly serious bribery crimes, 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 paragraphs 1, 3 and 4 shall apply to the meetings and correspondence between defense lawyers and criminal suspects and defendants who are under surveillance.
Provisions on meetings, correspondence and visits between criminals serving sentences in detention centers and their relatives and guardians
(1) Meeting: 1. Criminals shall meet their relatives and guardians no more than twice a month, each time no more than 1 hour, and no more than three people shall come to meet each time. If it is necessary to extend the meeting time or increase the number of people due to special circumstances, it must be approved by the leaders of the detention center. 2. If the criminal meets with the entrusted lawyer, the lawyer shall apply to the detention center, and the detention center shall check the power of attorney, the letter of introduction from the law firm, the lawyer's practice certificate and my ID card, and make arrangements within 48 hours. 3. The meeting of criminals shall be held in the conference room of the detention center, and the relevant regulations of the detention center shall be observed, and the police shall be present. In violation of the provisions, the detention center shall suspend the meeting.
(2) Communication: 1. Criminals can communicate with their relatives, friends or guardians. The detention center shall check the letters of criminals, and may detain the letters that hinder the reform of criminals. 2 letters written by criminals to the higher authorities and judicial organs of the detention center are not subject to inspection.
3. Ethnic minority criminals can meet and communicate in their own spoken and written languages; Foreign criminals can meet and communicate in their own language.
(3) Visits: 1. Criminals sentenced to criminal detention can go home every month 1 to 2 days. The criminal himself applies, and the disciplinary police sign an opinion. After being examined by the director of the detention center, it shall be reported to the local public security organ for approval. The detention center shall issue a certificate of going home/visiting relatives for the criminal detainees who are allowed to go home, and inform them of the regulations they should abide by. 2. If a foreign criminal sentenced to criminal detention applies for visiting relatives, the detention center shall report to the public security organ at or above the prefecture level for examination. 3. If a prisoner applies to leave home to visit relatives, it shall be guaranteed by his family. With the consent of the detention center, it shall be reported to the public security organ for approval. For criminals who have left home to visit relatives, the detention center shall issue a "Certificate of Prisoners' Leaving Home to Visit Relatives" and inform them to report to the local police station on the day of their arrival.