The suspect is held in the detention center, and only the defense lawyer can meet him. Article 37 of the Criminal Procedure Law: 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. Defense lawyers can understand the case and provide information when meeting with criminal suspects and defendants in custody; 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.
Legal objectivity:
According to Article 33 of China's Criminal Procedure Law: "A criminal suspect has the right to entrust a defender from the date when the case is transferred for review." In other words, in the stage of examination and prosecution, lawyers began to appear as "defenders". At this stage, except for criminal suspects who are under surveillance, the Criminal Procedure Law does not restrict defense lawyers from meeting criminal suspects. As long as he is a defense lawyer, he has the right to meet the criminal suspect in custody, without the approval of the procuratorial organ, and the procuratorial organ should not send personnel to meet at the scene. As for the content of the interview, as long as it is necessary to perform defense duties according to law, you can talk about it without restrictions. In addition, you can communicate with criminal suspects, and the content they communicate should not be checked and arbitrarily detained. In the stage of examination and prosecution, the defense lawyer meets the criminal suspect in the following aspects: (1) Asking the facts of the case and listening to the statement and defense of the criminal suspect. If the facts stated by the criminal suspect are different from those stated in the public prosecution opinion, the defense lawyer should ask clearly, even if there are differences in details. (2) Check the materials and opinions that prove the criminal suspect's innocence, light crime or reduced or exempted from criminal responsibility, and ask the criminal suspect whether there are new witnesses, physical evidence and evidence clues. (3) Inform them of their litigation rights and obligations at the stage of examination and prosecution. For example, when the case-handling personnel of the procuratorate interrogate him, he has the right to apply for withdrawal, the right to defense, the right to request re-appraisal, and the right to appeal against the prosecution decision. (4) ask about the case. Ask about the duration of his detention, whether the case-handling personnel have carried out illegal acts such as extorting a confession by torture and detaining him in disguised form, and whether they have seized or frozen property with the case. According to the contents of the above-mentioned meeting, defense lawyers can put forward defense opinions to the people's procuratorate to prove the criminal suspect's innocence, light crime or reduce his criminal responsibility. If criminal responsibility should not be investigated, or if the evidence is insufficient and does not meet the conditions for prosecution, or if the circumstances of the crime are minor, it is not necessary to sentence or be exempted from punishment according to the provisions of the Criminal Law, it should be suggested that the People's Procuratorate make a decision not to prosecute. If the criminal suspect refuses to accept the decision to plead guilty and repent, the defense lawyer may appeal to the people's procuratorate on his behalf; If the case has sealed up or frozen property, it may request the people's procuratorate to terminate it after making a decision not to prosecute. If the detention period has exceeded the time limit prescribed by law, he may request the cancellation or change of compulsory measures on behalf of the criminal suspect; If the case-handling personnel commit illegal acts such as extorting confessions by torture or detaining them in disguised form, they may prosecute on their behalf.