2. Meeting procedures. The new Criminal Procedure Law has absorbed Article 33 of the Lawyers Law, stipulating that "when a lawyer meets, he can produce his lawyer's practice certificate, certificate of law firm, power of attorney or official 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.
The new criminal procedure law fully absorbs the provisions of Article 33 of the Lawyers Law, but it is obviously different from the Lawyers Law.
To sum up, in related criminal cases, many parties will hire lawyers to defend themselves because of the particularity of the case. The court also has relevant time regulations on this kind of behavior, and there are also relevant regulations on a series of procedures. After the conditions are met, the court will arrange for both parties to meet and strictly control the meeting procedures.
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.
In criminal cases endangering national security and terrorist activities, defense lawyers should obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. The investigation organ shall notify the detention center of the above situation in advance.
When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide legal advice. From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants.
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.