Meeting with criminal suspects is an important link in criminal proceedings and a necessary step for lawyers to exercise their functions and powers. In this process, criminal suspects can communicate privately with their lawyers in order to better understand their own cases and safeguard their rights and interests. Therefore, security issues such as whether this process is monitored or not are widely concerned. According to the provisions of Article 32 of the Criminal Procedure Law of People's Republic of China (PRC), a lawyer shall meet a criminal suspect under the supervision of relevant personnel and the guards of the supervisory organ. At the same time, the lawyer's interview content shall not be monitored by means of monitoring, recording, video recording, eavesdropping, etc., otherwise it will be regarded as illegal evidence collection and invalid. This provision is to protect the professional particularity of lawyers and the legitimate rights and interests of criminal suspects. However, in the process of meeting the criminal suspect, the enforcement lawyer should also abide by the regulations and procedures. For example, lawyers should abide by the obligation of confidentiality and must not disclose the contents of the meeting; The relevant personnel and security personnel of the supervision department shall strictly perform their duties and protect the safety of lawyers and criminal suspects. In addition, if lawyers or suspects engage in illegal acts, such as transmitting illegal information through interviews, they should also bear corresponding legal responsibilities.
What if a lawyer finds himself being bugged or recorded when meeting a suspect? If a lawyer finds that the interview content is eavesdropped or recorded when meeting a criminal suspect, he can report it to the relevant personnel and guards of the supervision department in time. They have the responsibility to take measures to protect the safety of lawyers and criminal suspects, and if they find any illegal acts, they should promptly notify the relevant departments for handling. At the same time, lawyers can appeal to the judicial organs to protect the legitimate rights and interests of themselves and criminal suspects.
Meeting with criminal suspects is an indispensable link in criminal proceedings, which involves the professional particularity of lawyers and the legitimate rights and interests of criminal suspects. According to the relevant regulations, the interview process should not be monitored by eavesdropping or recording. If it is found, it should be reported to relevant personnel in time and effective measures should be taken to protect safety. At the same time, in the process of implementation, we must also abide by the regulations and procedures to ensure that the contents of the meeting comply with laws and regulations.
Legal basis:
Article 39 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. 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.