According to the law: the meeting, the defense lawyer can meet with the process of making a meeting notes. Make a record of the meeting, if necessary, the suspect, the defendant should be signed to confirm. Meeting, with the consent of the suspect, the defendant, defense lawyers can make audio, video, photographs of the meeting process. If the defense counsel makes audio or video recordings or takes photographs, the detention center shall not obstruct them in any way. The transcript of the interview, as well as the audio-recording, video-recording and photographs, shall not be divulged to co-defendants, witnesses or relatives of the suspect or defendant.
Article 37 of the Criminal Procedure Law of the People's Republic of China may allow defense lawyers to 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 attorney holds a lawyer's practice certificate, a certificate from 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 the meeting, which shall last no more than forty-eight hours at the latest.
Crimes against national security, terrorist activities, especially important bribery 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.
Defense counsel meets with the suspect or defendant in custody to learn about the case, provide legal advice, etc.; from the date of the transfer of the case for examination and prosecution, they may verify the evidence with the suspect or defendant. A defense lawyer's meeting with a criminal suspect or defendant is not subject to wiretapping.
Defense lawyers meeting and corresponding with criminal suspects and defendants under residential surveillance shall be subject to the provisions of paragraphs 1, 3 and 4.
Legal basis
Article 37 of the Criminal Procedure Law of the People's Republic of China*** and the State of China, the responsibility of the defense is to put forward, in accordance with the facts and the law, the materials and opinions on the innocence of the suspect or defendant, the mitigation of his or her guilt or exemption of his or her criminal responsibility, and to safeguard the procedural rights and other lawful rights and interests of the suspect or defendant.