During criminal detention, only lawyers can act as defenders and meet criminal suspects according to law.
Materials required for the meeting: lawyer's practice certificate, law firm certificate and power of attorney. The following are the detailed regulations on the lawyer's meeting:
Criminal Procedure Law of the People's Republic of China
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.
Extended data:
Detention in criminal proceedings is a compulsory method for public security organs and people's procuratorates to temporarily deprive criminals or major suspects of their personal freedom in case of legal emergency during investigation.
Criminal detention must meet two conditions:
First, the object of detention is a flagrante delicto or a major suspect.
An active criminal refers to a person who is committing a crime, and a major suspect refers to a person who has evidence to prove that he is suspected of a major crime.
Second, it has one of the legal emergencies.
Regarding what is an emergency, Article 80 and Article 163 of the Criminal Procedure Law have different provisions on detention by public security organs and detention by people's procuratorates.
Criminal detention must meet two conditions:
First, the object of detention is a flagrante delicto or a major suspect.
An active criminal refers to a person who is committing a crime, and a major suspect refers to a person who has evidence to prove that he is suspected of a major crime.
Second, it has one of the legal emergencies.
As for what is an emergency, Articles 80 and 163 of the Criminal Procedure Law have different provisions on detention by public security organs and detention by people's procuratorates.
References:
Baidu encyclopedia-criminal detention