Article 7 If a lawyer needs an interpreter when meeting a criminal suspect or defendant in custody, he shall obtain the consent of the case-handling organ in advance. At the meeting, the approval document and the identity certificate of the translator allowed by the case-handling organ shall be submitted to the detention center.
Article 8 Without the consent of the place of detention and the criminal suspect or defendant, lawyers shall not record, video or take photos when meeting with the criminal suspect or defendant in custody.
In the investigation stage, the lawyer meets the criminal suspect in custody.
Legal basis: Article 39 of the Criminal Procedure Law of People's Republic of China (PRC), 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.