During administrative detention, the parties concerned have the right to hire a lawyer. If the party concerned is dissatisfied with the penalty decision of administrative detention, he may apply for administrative reconsideration or file an administrative lawsuit and entrust a lawyer to represent him. As legal service professionals who have obtained practicing certificates in accordance with the law, lawyers can provide legal assistance to clients. During administrative detention, lawyers can bring lawyer's practice certificates, power of attorney and other relevant documents to meet with detainees. In addition, if the public security organ agrees, administrative detention can be suspended, provided that the person being punished or his close relatives provide a guarantor that meets the prescribed conditions, or pay a deposit in accordance with the prescribed standards. There are no restrictions on the number and time of interviews between lawyers and detainees, but they should be conducted during normal working hours.
Legal basis for administrative detention:
1. "Administrative Punishment Law of the People's Republic of China": stipulates the types of administrative detention as administrative punishment and the conditions and procedures for its implementation;
2. "Public Security Management Punishment Law of the People's Republic of China": clarifies the types of public security management penalties, including administrative detention, and stipulates specific illegal acts that can be subject to administrative detention;
3. "People's Republic of China "Regulations on the Procedures for the Public Security Organs of the Republic of China to Handle Administrative Cases": It stipulates in detail the procedures for the public security organs to handle administrative cases, including the review, approval and execution of administrative detention;
4. "The Lawyers Law of the People's Republic of China": It stipulates The obligations and rights of lawyers, including the right to provide legal consultation and representation services to administratively detained persons;
In summary, during administrative detention, parties have the right to request lawyers to provide legal assistance as agents, and lawyers can Bring relevant documents to meet with detainees, but there is no limit on the number and time of interviews with lawyers, but they should be conducted during normal working hours.
Legal basis:
Lawyers Law of the People's Republic of China
Article 28
Lawyers may engage in the following businesses:
Accept the entrustment of natural persons, legal persons or other organizations to serve as legal advisors;
Accept the entrustment of parties to civil cases and administrative cases, act as agents and participate in litigation;
According to law Accept the entrustment of criminal suspects and defendants in criminal cases or the assignment of legal aid institutions to serve as defenders; accept the entrustment of private prosecutors in private prosecution cases, victims of public prosecution cases or their close relatives, act as agents, and participate in litigation;
Accept entrustment to represent appeals in various litigation cases;
Accept entrustment to participate in mediation and arbitration activities;
Accept entrustment to provide non-litigation legal services;
Answer legal inquiries and write litigation documents and other documents related to legal matters.