1. If you hinder the investigation, can you stop the lawyer from meeting you?
The public security organ may refuse to meet with a lawyer if it thinks that meeting with a lawyer will hinder the investigation. According to Article 49 of the Procedures for Handling Criminal Cases by Public Security Organs
If the public security organ is not allowed to meet, it shall notify the defense lawyer in writing and explain the reasons. After the situation that hinders the investigation or may reveal state secrets disappears, the public security organ shall allow the meeting.
In any of the following circumstances, it is "obstructing investigation" as stipulated in this article:
(a) may destroy or falsify evidence, interfere with witness testimony or collusion;
(2) It may lead to the criminal suspect's self-mutilation, suicide or escape;
(3) It may cause accomplices to evade or obstruct the investigation;
(4) The criminal suspect's family members participate in the crime.
Second, the way to meet with lawyers
It is a legal right for lawyers to meet criminal suspects in the investigation stage, and the investigation organ shall arrange a meeting according to law after receiving the lawyer's meeting letter.
1, ordinary criminal case. According to China's Criminal Procedure Law, if a defense lawyer requests to meet with a criminal suspect or defendant in custody with a lawyer's practice certificate, a law firm certificate, a power of attorney or a letter of legal aid, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest.
2. In cases of crimes endangering national security, terrorist activities and particularly serious bribery crimes, defense lawyers shall obtain permission from the investigation organ when meeting with criminal suspects in custody during the investigation.
For criminal cases endangering national security and terrorist activities, the case-handling department shall, within 48 hours after receiving the application, report to the person in charge of the public security organ at or above the county level for approval, and make a decision on approval or disapproval. Except in cases that hinder the investigation or may reveal state secrets, a decision on permission shall be made.
Three. The requirements of the lawyers' meeting
1. The first meeting between the lawyer and the suspect is usually arranged by the investigators of the police station. The meeting place is usually an independent and closed room, and the investigators are not present, nor can they use recording or monitoring equipment.
2. Lawyers talk to criminal suspects face to face, without glasses or telephone. Lawyers meet criminal suspects in detention centers and other places, and detention centers provide venues, which are the same as the conditions and requirements for meeting after prosecution, that is, separate rooms, face-to-face conversations, no phone calls and no listening.
If the public security organ thinks that it will hinder the investigation, it may refuse the lawyer to meet the criminal suspect, and it needs to inform the reason in writing. After the situation is eliminated, the lawyer should be arranged to meet the criminal suspect in time. It should be noted that neither the detention center nor the public security bureau can monitor the conversation between the two sides, and the meeting time can be according to the schedule of the detention center.