Legal basis: Article 40 of the Procedures for Handling Criminal Cases by Public Security Organs, a defense lawyer can meet and correspond with a criminal suspect in custody and learn about the case from the criminal suspect; Providing legal aid and acting as an agent for complaints and accusations against criminal suspects. When meeting during the investigation, lawyers have the right to know the suspected charges, relevant cases, the situation and time limit of compulsory measures taken by the investigation organ, and whether the investigators have extorted confessions by torture or illegally collected evidence by threats, enticements or deception. Lawyers can provide legal advice to criminal suspects through the information learned during the meeting; Have the right to lodge complaints and charges on their behalf; If the defense lawyer thinks that criminal investigation should not be carried out, he may appeal on his behalf and request the investigation organ to dismiss the case; If investigators are found to have violated citizens' litigation rights and personal insults, they can file charges on behalf of criminal suspects; Have the right to apply for bail pending trial; Have the right to apply for cancellation or change of compulsory measures on their behalf.
Article 37 of the Criminal Procedure Law of People's Republic of China (PRC) * * * Defence lawyers may 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.
Article 33 of the Lawyers Law of People's Republic of China (PRC) * * * Since the criminal suspect is interrogated for the first time by the investigation organ or compulsory measures are taken, the entrusted lawyer has the right to meet the criminal suspect and defendant with the lawyer's practice certificate, the certificate of law firm and the power of attorney or official letter for legal aid to learn about the relevant situation. Lawyers are not monitored when they meet criminal suspects and defendants.