First, is it allowed to record the lawyer's meeting?
According to local requirements, defense lawyers can interview and record the meeting process during the meeting. If a meeting record is made, it shall be signed by the criminal suspect and the defendant for confirmation when necessary. During the meeting, with the consent of the criminal suspect and the defendant, the defense lawyer may make audio and video recordings of the meeting. The detention center shall not obstruct the recording and video recording by defense lawyers in any form. The transcripts of the interview, as well as audio, video and photos, shall not be made public to the co-defendants, witnesses, relatives of criminal suspects and defendants. When making the interview record, the defense lawyer requires the criminal suspect and defendant to sign for confirmation, which can not only reconfirm whether the defense lawyer's record reflects the true meaning of the criminal suspect and defendant completely and accurately, but also serve as objective evidence when the defense lawyer has a dispute with the criminal suspect and defendant.
Two. Provisions on Meeting in the Criminal Procedure Law of People's Republic of China (PRC)
Article 39
Defense lawyers can 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.
The specific circumstances of the lawyer's meeting need to be strictly handled according to the different provisions of the above-mentioned laws. The purpose of the lawyer's meeting is to understand the case, and the handling of relevant situations needs to be carried out in accordance with the law. If there are illegal acts, relevant legal responsibilities should be investigated.