Lawyers are restricted from meeting in three situations, mainly crimes endangering national security, terrorist activities and particularly serious bribery crimes. For the above three types of crimes, the requirement of meeting permission only applies to the investigation stage of the case, that is to say, after the case is transferred for examination and prosecution, the lawyer meets the criminal suspect or defendant suspected of the above three types of crimes without the permission of the investigation organ or other case-handling departments. As an important link in the process of criminal proceedings, interview is an important activity for lawyers to reflect their professional level and understand the case. During the meeting, lawyers should not only fulfill the relevant rights granted by law, but also understand the relevant laws and regulations, so as to avoid being terminated by the detention center staff for violating the regulations during the meeting.
Legal basis:
Criminal procedure law
Article 34 A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or compulsory measures are taken. During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time.
When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it.
If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender.
After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.
Procedures for handling criminal cases by public security organs
Article 49 If the public security organ refuses to meet, it shall notify the defense lawyer in writing and explain the reasons. After the situation that hinders the investigation or may reveal state secrets disappears, the public security organ shall allow the meeting. In any of the following circumstances, it is "obstructing investigation" as stipulated in this article:
(a) may destroy or falsify evidence, interfere with witness testimony or collusion.
(2) It may lead to the criminal suspect's self-mutilation, suicide or escape.
(3) It may cause the accomplice to escape and hinder the investigation; (4) The criminal suspect's family members participate in the crime.