1. What materials are needed for the lawyer interview procedure?
1, lawyer's practice certificate (original and copy)
2. Certificate of law firm (special letter of introduction issued by law firm for meeting criminal suspects and defendants)
3. Power of attorney for criminal defense (if it is legal aid, a legal aid letter is required)
4, the client (usually family) identity documents and proof of kinship.
II. Provisions of the Regulations on Lawyers Meeting Criminals in Prison
Article 5 When a lawyer needs to meet a prisoner in custody, he may submit a copy of the following materials to the prison where the prisoner is located by fax, mail or direct submission, and present the original to the prison on the day of the meeting:
(1) Lawyer's practice certificate;
(2) the certificate of the law firm;
(3) the power of attorney of the criminal himself or his guardian or close relatives, the official letter of legal aid or the relevant supporting documents for investigation and evidence collection in another case.
The prison shall keep the original certificate issued by the law firm that the lawyer met with the prisoner in custody.
If the guardian or near relative of a criminal entrusts a lawyer to represent him, the lawyer shall confirm to the criminal himself whether to establish an entrusted relationship at the first meeting.
Article 6 If a lawyer needs an assistant to attend a meeting with a prisoner in custody, he shall submit to the prison a certificate of the assistant meeting with the prisoner and a lawyer's practice certificate issued by a law firm or an application for a lawyer's practice certificate.
Article 7 If a lawyer needs to be accompanied by an interpreter when meeting a prisoner in custody, he shall apply to the prison in advance and submit documents that can prove his identity as an interpreter.
The prison shall review it in time and make a decision on whether to approve it within three days. Those who are allowed to participate shall promptly notify their lawyers. If it is not approved to participate, it shall explain the reasons in writing to the lawyer.
Translators who accompany lawyers to attend the meeting shall attend the meeting with the notice of approval from the prison and their identity certificates.
Article 8
After receiving the materials listed in Article 5 of these Provisions submitted by lawyers, the prison shall arrange a meeting in time for those who meet the requirements of Article 4 of these Provisions. If it can be arranged at that time, it will be arranged at that time; If it cannot be arranged at that time, the prison shall explain the situation and arrange a meeting within 48 hours.
Article 9 A prisoner in custody may entrust one or two lawyers. If two lawyers are entrusted, the two lawyers may meet together or separately. Lawyers can bring a paralegal to assist in the meeting.
Article 10 When meeting criminals, lawyers should observe the schedule of the prison. The prison shall ensure the time and frequency of meetings required for lawyers to perform their duties.
Article 11 When a lawyer meets a prisoner in custody, the prison may decide whether to send police to the scene according to the case and the needs of the work.
Defense lawyers shall not be monitored when meeting criminals who have been put on file for investigation, prosecution and trial, and the prison shall not send police to be present.
Article 12 If a lawyer meets a criminal and thinks that the prison and its staff hinder him from exercising his right to practice according to law, he may complain to the prison or its superior competent authority, or apply to the municipal judicial administrative organ where his law firm is located to safeguard his right to practice. In case of emergency, you can apply to the judicial administrative organ where the incident occurred to safeguard the right to practice.
The specific circumstances of the lawyer's meeting need to be identified strictly according to the actual case, especially the handling of related matters, which needs to be handled strictly according to the lawyer's case review. If the identification of the relevant situation is not clear, you can consult a lawyer for legal definition.