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1. Can I meet a lawyer during the monitoring?
We can meet.
According to Article 33 of People's Republic of China (PRC) Lawyers Law,
As a defender, a lawyer has the right to meet a criminal suspect or defendant in custody or under residential surveillance with a lawyer's practice certificate, a law firm certificate, a power of attorney or a letter of legal aid in accordance with the provisions of the Criminal Procedure Law. Defense lawyers are not monitored when meeting with criminal suspects and defendants.
Obligations of criminal suspects and defendants living under surveillance.
Article 77 of China's Criminal Procedure Law stipulates that criminal suspects and defendants living under surveillance shall abide by the following provisions:
(1) Not to leave the residential place under surveillance without the approval of the executing organ;
(two) without the approval of the executive organ, shall not meet with others or correspondence;
(3) Being present in time when being arraigned;
(four) shall not interfere with the testimony of witnesses in any form;
(five) shall not destroy or forge evidence or collusion;
(six) the passport and other entry and exit documents, identity documents, driving documents to the executive organ for preservation.
If a criminal suspect or defendant living under surveillance violates the provisions of the preceding paragraph and the circumstances are serious, he may be arrested; If it is necessary to arrest, the criminal suspect or defendant may be detained first.
Second, what is the procedure for monitoring the meeting of resident lawyers?
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.
Executive organ for residential surveillance:
1, public, procuratorial and legal organs can make decisions on residential surveillance.
2. It must be executed by the public security organ, so the decision of residential surveillance made by the procuratorate and the court should also be executed by the public security organ; Cases endangering state security shall be executed by state security organs.
Perform residential surveillance:
Article 73 of the Criminal Procedure Law stipulates that residential surveillance shall be conducted at the residence of the criminal suspect or defendant; If there is no fixed residence, it can be executed at the designated residence.
With the approval of the people's procuratorate at a higher level or the public security organ, the death penalty may be executed at a designated residence for crimes suspected of endangering national security, terrorist activities and particularly serious bribery crimes. However, it shall not be carried out in detention places or special places for handling cases.
If the designated residence is under residential surveillance, the family members under residential surveillance shall be notified within 24 hours after the implementation of residential surveillance, unless it is impossible to notify them.
Can I get a reduced sentence during my monitored residence?
According to Article 57 of our country, residential surveillance does not completely deprive the criminal suspect of his personal freedom, and his sentence cannot be reduced during residential surveillance.
The provisions of this article indicate that there are generally two kinds of places for residential surveillance: one is in the residence of criminal suspects and defendants, and the other is designated places, such as hotels where criminal suspects and defendants are under surveillance, which are places where residential surveillance can be taken according to law.
This compulsory measure is not only the nominal residential surveillance, but also the essence of residential surveillance. It does not completely deprive and restrict the personal freedom of criminal suspects and defendants. After all, its coercive degree is not as good as detention measures such as detention and arrest. Therefore, the term of residential surveillance cannot be included in the sentence.
3. What are the rules for monitoring the lawyer's meeting during residence?
The provisions of the first, third and fourth paragraphs shall apply to the meetings and correspondence between defense lawyers and criminal suspects and defendants who are under surveillance.
According to the provisions of Article 39 of the Criminal Procedure Law, we can know that:
1. The defense lawyer can meet the criminal suspect in the detention center with the requirement of "three certificates". Except for crimes of endangering national security and terrorist activities, lawyers do not need to be approved by the investigation organ when meeting with criminal suspects.
2. Defence lawyers can learn about the case from the investigation organ and the criminal suspect, and have the right to put forward opinions to the investigation organ to safeguard the legitimate rights and interests of the criminal suspect. In the investigation stage, lawyers can also communicate with the investigation organ about the cases they know, thus helping the investigation organ to clarify the investigation direction and punish the crime accurately.
3. The detention center has the obligation to arrange lawyers to meet the criminal suspects in time, and the above time limit is clearly stipulated by legislation, which greatly shortens the time for the detention center to arrange lawyers to meet the criminal suspects.
4. The confidentiality of the way lawyers meet with criminal suspects, no longer accompanied by investigators, is not monitored, which is conducive to full communication and mutual trust between lawyers and criminal suspects, thus better safeguarding the legitimate rights and interests of criminal suspects.
The requirements for lawyer meeting are as follows:
1, meeting time.
In the investigation stage, the time for a criminal suspect to hire a lawyer is advanced from "after the first interrogation" in the current criminal procedure law to "from the date of the first interrogation", and the new criminal procedure law also cancels the restriction that a criminal suspect involved in a state secret case can only hire a lawyer with the approval of the investigation organ. Completely absorbed the provisions of the lawyer law.
2. Meeting procedures.
The new Criminal Procedure Law has absorbed Article 33 of the Lawyers Law, which stipulates that "when a lawyer meets, he can produce a lawyer's practice certificate, a certificate of law firm, a power of attorney or a letter of legal aid" (three certificates).
3. Meeting procedures.
The provision that lawyers are not allowed to be monitored when meeting criminal suspects and defendants cancels the provision that the investigation organ can send personnel to be present at the investigation stage according to the situation in the current criminal procedure law.
For general cases, the lawyer's meeting should be directly submitted to the detention center and must be arranged within 48 hours at the latest. To some extent, this provision solves the problem that lawyers must be arranged by the case-handling organ during the investigation stage, but the 48-hour grace period in the detention center may bring new problems in practice.
Moreover, once "forty-eight hours" becomes the norm, it will directly affect the overall meeting effect in the three stages of investigation, review, prosecution and trial.
4. Scope of the meeting.
Different from the Lawyers Law, the new Criminal Procedure Law cancels the restriction that lawyers should obtain the consent of the investigation organ when meeting cases involving state secrets, but increases the restriction that "defense lawyers should obtain the consent of the investigation organ when meeting detainees during investigation".
Therefore, in fact, compared with the current Criminal Procedure Law and Lawyers Law, the scope for lawyers to meet with detainees during investigation has been expanded. That is, the lawyer's right to meet is obviously reduced compared with the current legal provisions.
Lawyers will not be monitored when meeting with criminal suspects.