Lawyers need to meet with criminal suspects need to show the letter of introduction, the letter of introduction refers to the law firm certificate. According to the "Criminal Procedure Law" Article 39, paragraph 2 provides: "defense lawyers with a lawyer's practice certificate, law firm certificate and power of attorney or legal aid official letter requesting a meeting with the detained criminal suspects, defendants, the detention center shall arrange a meeting in a timely manner, at the latest shall not exceed forty-eight hours." The provisions of the lawyers to meet with the detention center required materials, including the lawyer's certificate of practice need not be mentioned, but about the law firm certificate and power of attorney, many lawyers do not have a clear understanding of it. Proof of law firm in practice, the version of this instrument mainly has "lawyers meet with detained criminal suspects, defendants," (hereinafter referred to as "letter of introduction"), "lawyers meet with detained criminal suspects, defendants," (hereinafter referred to as "letter"), and "lawyers meet with detained criminal suspects, defendants," (hereinafter referred to as "proof,") part of the lawyers think that the three letters of the meaning of its expression and the role of the same. Some lawyers believe that the three letters convey the same meaning and serve the same purpose, and that there is no need to distinguish between them in actual use. However, the ministry of justice "on the issuance of & lt; lawyers criminal procedure format documents & gt; standard style notice" (justice pass 2001051) in the unified provisions of the 19 kinds of lawyers for criminal cases commonly used documents, which instrument eight, instrument nine is the above "letter of introduction" and "letter". Although the key word "meeting" is found in both instruments, the specific use of the instrument is indicated in the final note of the specific form of the instrument: "letter of introduction" is used for "meeting with criminal suspects and defendants to the detention center, custody place"; "letter" is used for "meeting with criminal suspects and defendants to the detention center"; "letter" is used for "meeting with criminal suspects and defendants to the detention center"; "letter" is used for "meeting with criminal suspects and defendants to the detention center". The Letter of Introduction is used "to be submitted to the investigating authorities before meeting with criminal suspects or defendants at the investigation stage". It can be seen that the Letter of Introduction is the "law firm certificate" listed in Article 37 of the Criminal Procedure Law, and the use of the Letter is fundamentally different from that of the Letter, as for the Certificate can be used for the meeting, and even more so, there is no legal basis. It is important to know that the computer in the detention center are stored in the Ministry of Justice issued documents, as long as a comparison, found that the difference can be used to refuse to arrange a meeting. Power of attorney The power of attorney refers to the suspect, the defendant or his guardian, close relatives agree and entrusted the lawyer to provide defense help, the practice of the common criminal defense power of attorney "criminal power of attorney" and so on. We often say, under normal circumstances, lawyers with "three certificates" can go to the detention center for meeting, but in practice, "three certificates" in the "power of attorney" is often not a single document. Due to the criminal procedure case is often sudden, the suspect, the defendant generally will not sign the commission in advance, so entrusted to the lawyer is often their close relatives, then need to be attached to the "power of attorney" and the suspect, the defendant's relationship with the proof of copies of marriage certificate, hukou book, etc.; At the same time, in order to prove that the "power of attorney" is the close relatives of the signing of their own, but also need to provide the client's identity certificate. So in the absence of the suspect, the defendant's own commission, the power of attorney should be attached to the relationship between the commissioner and the detained person's certificate and the commissioner's own proof of identity, through the relationship of the material to prove that the commissioner has for the detained person's right to entrust the right of defense lawyers, while the commissioner's own proof of identity for proving that the entrustment of the commission is the act of his own. Criminal defense lawyers should have a high sense of evidence, the above materials to have full understanding and preparation. Criminal justice practice, the judicial authorities of the "power of attorney" may also have some more "characteristics" of the provisions: such as in the first meeting with close relatives authorized to meet, the second meeting must have the suspect, the defendant's own authorization to prove that he agrees to hire a lawyer, otherwise not arranged to meet; Other part of the case department in the lawyer For the record, as well as the appointment of the file, taking into account the suspect, the defendant's authorization is easy to forge, require "power of attorney" on the client is a close relative, otherwise not for related business. On the need to provide lawyers own identity card Many lawyers reflect in the meeting was required to provide the original identity card, for inspection or exchange of the district access certificate, some of these lawyers forget to bring the identity card and can not meet the work. The author thinks, the custody area is actually for public security and armed police *** with the management of the place, daily in and out of more people, so the need for ID card compared to the attorney card, work permit to verify the identity or the attorney card will be escorted to the duty room in exchange for the passage of the electronic card, it is also understandable behavior; Moreover, at this time, the ID card as a proof of entry and exit of the area, not to meet the materials required to be provided by the lawyer does not have to litigation law on the "three certificates". "Three certificates" can meet with the provisions of the staff to argue. Back a thousand steps, a professional lawyer often need to go around, in and out of various departments, the ID card on the body, is also to make the work of the guarantee of the orderly progress. The problem of the crime change can not meet the criminal process, there may be arrested or transferred to the examination and prosecution of the crime involved in the change of the situation, the lawyer at this time with the original charge of the "letter of introduction" or "power of attorney" to meet, may encounter "closed door". Because of the change of the charge often occurs in the litigation procedure stage change, the case department change, such as from the end of the investigation transferred to the review of the prosecution at the time, at this time the case department will be submitted to the detention center, "the change of custody certificate", which contains the name of the suspect or defendant, the suspects, suspected of crime, etc., the computer system of the detention center will be prepared to keep this document. Therefore, when the lawyer submits the interview material and the guardhouse computer system contained in the difference, the guardhouse will refuse to arrange for the lawyer to meet. The author believes that even if the charge change, the detention center should not only in the computer display the latest charge, but also should contain the change of the charge, in order to facilitate the lawyer to meet with the lawyer, but the lawyer in knowing the change of the charge or change of the possibility of the detainee's next of kin, due to timely contact with the signing of the new authorization, in order to ensure that the meeting is carried out smoothly. At this stage, China's legal system is not sound, the quality of lawyers also varies, resulting in the meeting of the special situation of the endless, in the requirements of the detention center and other departments to protect the lawyer's legal right to meet at the same time, our lawyers should be in strict accordance with the relevant provisions of the law, improve the meeting of the relevant materials, before the meeting to be well-prepared, to avoid all kinds of this belongs to the unexpected situation.
Legal objective:"Criminal Procedure Law"
Article 39
Defense attorneys may meet and correspond with criminal suspects and defendants in custody. Other defenders may, with the permission of the people's court or the people's procuratorate, also meet and correspond with criminal suspects and defendants in custody. If a defense lawyer holds a lawyer's practice certificate, a lawyer's office certificate and a power of attorney or an official letter of legal aid requesting a meeting with a criminal suspect or defendant in custody, the detention center shall arrange for a meeting in a timely manner, not exceeding forty-eight hours at the latest.
The Criminal Procedure Law
Article 39
Defense lawyers may meet and correspond with criminal suspects and defendants in custody. Other defenders may, with the permission of the people's court or the people's procuratorate, also meet and correspond with criminal suspects and defendants in custody. Defense lawyers with a lawyer's practice certificate, law firm certificate and power of attorney or legal aid official letter requesting a meeting with the suspect or defendant in custody, the detention center shall promptly arrange for a meeting, not later than forty-eight hours.