Legal analysis: In judicial practice, regulations vary from place to place as to whether defense lawyers can use audio, video, and photography technologies to record the interview process. Some places stipulate that when lawyers make audio or video recordings, they must obtain the unanimous consent of the case-handling agency, the detention center, and the criminal suspect or defendant in custody; some places stipulate that the consent of the detention center and the criminal suspect or defendant must be obtained. These regulations have greatly restricted lawyers’ ability to use technology to handle cases.
Legal basis: Article 37 of the "Criminal Procedure Law of the People's Republic of China" stipulates that defense lawyers may meet and communicate with criminal suspects and defendants in custody. Other defenders may meet with and communicate with criminal suspects and defendants in custody with the permission of the People's Court and People's Procuratorate.
If a defender requests to meet with a criminal suspect or defendant in custody with a lawyer's practicing certificate, law firm certificate, power of attorney, or legal aid letter, the detention center shall arrange the meeting in a timely manner, no later than 48 hours.