Confidentiality provisions in the investigation stage of criminal cases

Legal analysis: Public security organs have the right to collect and obtain evidence from relevant units and individuals, and should keep confidential the evidence involving state secrets, business secrets and personal privacy. In the investigation stage, for criminal cases endangering national security and terrorist activities, defense lawyers should obtain the permission of the investigation organ when meeting with the criminal suspects in custody during the investigation.

Legal basis: Criminal Procedure Law of People's Republic of China (PRC).

Article 39 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 criminal cases endangering national security and terrorist activities, 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. When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide legal advice. 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.

Article 54 People's courts, people's procuratorates and public security organs have the right to collect and obtain evidence from relevant units and individuals. The relevant units and individuals shall truthfully provide evidence. Evidence materials such as physical evidence, documentary evidence, audio-visual materials and electronic data collected by administrative organs in the process of administrative law enforcement and case investigation can be used as evidence in criminal proceedings. Evidence involving state secrets, commercial secrets and personal privacy shall be kept confidential. Whoever forges, conceals or destroys evidence, and whoever the evidence belongs to, will be investigated by law.