The provision that lawyers meet criminal suspects and defendants without being monitored 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.
A criminal suspect has the right to entrust a lawyer to defend him during his detention. Except for special cases that endanger national security and require the permission of the investigation organ. If a defense lawyer holds a lawyer's practice license, a certificate from a law firm or a power of attorney to ask for a meeting with a criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, and the meeting shall not exceed 48 hours at the latest.
If a criminal suspect or defendant entrusts a lawyer, then the lawyer can meet the criminal suspect or defendant. However, lawyers need to follow the corresponding procedures and fulfill their corresponding obligations. In the investigation stage, lawyers can neither verify evidence nor read papers, and the right to meet is one of the important rights of lawyers.
Legal basis:
Article 39 of the Criminal Procedure Law of People's Republic of China (PRC)
Defense lawyers can 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.