If a lawyer needs to meet a prisoner, he may submit a power of attorney to the prison where the prisoner is located by fax, mail or direct submission. If a power of attorney is not required, copies of relevant certificates, lawyer's practice certificate, letters issued by law firms and other materials shall be provided.
If a paralegal or interpreter attends the meeting, the lawyer shall submit a copy of his work certificate or identity certificate to the prison. After receiving the relevant materials submitted by lawyers, the prison shall arrange a meeting with those who meet the requirements within 48 hours. For criminals involved in state secrets or major and complicated cases, the prison shall make a decision to approve or disapprove the interview. The prison shall arrange a meeting within 48 hours after making the approval decision. When a lawyer meets a prisoner in custody, there should be two lawyers present, or a lawyer with a paralegal is present. Lawyers are not allowed to pass contraband, deliver letters and money to criminals privately, provide communication tools for criminals to use, and record, video and take photos of interviews without the consent of prisons and criminals. When the prison police meet with prisoners, they find that lawyers have violated the law and should warn them. If the warning is invalid, the meeting will be suspended. At the same time, the prison can report to the competent judicial administrative organ of the law firm where the lawyer is located or the bar association. When a lawyer meets a prisoner and finds that the prison police have violated the law, he can complain to the prison where the prisoner is located or to the higher authorities.
The relevant regulations for lawyers to meet prisoners in prison are as follows:
1. If a lawyer needs to meet a prisoner in custody, he can submit a power of attorney to the prison where the prisoner is located by fax, mail or direct submission;
2. After receiving the relevant materials submitted by lawyers, the prison shall arrange a meeting with those who meet the requirements within 48 hours;
3, lawyers meet with criminals, generally should be attended by two lawyers, can also be attended by a lawyer with a paralegal;
4. The prison police should give the lawyer a warning when they find that the lawyer has violated the law during the meeting with the criminal;
5. When meeting with criminals, lawyers find that the prison police have violated the law, and they can complain to the prison where the criminals are located or the higher authorities.
To sum up, lawyers can visit prisoners at any time. During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time.
Legal basis:
Article 33 of the People's Republic of China (PRC) Lawyers Law.
As a defender, a lawyer has the right to meet a criminal suspect or defendant in custody or under residential surveillance with a lawyer's practice certificate, a law firm certificate, a power of attorney or a letter of legal aid in accordance with the provisions of the Criminal Procedure Law. Defense lawyers are not monitored when meeting with criminal suspects and defendants.