1. After a family member is detained, the family member can handle it according to the following circumstances:
(1) After receiving the notice of detention, relatives should first know whether it is criminal detention or administrative detention. If it is administrative detention, relatives can visit their families at the detention center. If it is a criminal detention, they should know where the detention is and what charges are involved.
(2) Family members can go to the detention center to collect their belongings and prepare some necessities such as clothes for their families;
(3) Relatives may entrust lawyers as defenders. After accepting the entrustment, the lawyer can meet with the detained criminal suspect and communicate for him;
(4) For criminal cases requiring compensation for losses or returning stolen money and goods, family members should actively cooperate as much as possible to make repayment, strive for the understanding of the victims and strive for a lighter punishment;
(5) After being sentenced, the defendant can go to the detention center or prison to meet the criminals. Generally, family members can meet criminals in detention centers without appealing.
2. Legal basis: Article 34 of the Criminal Procedure Law of People's Republic of China (PRC)
Time of entrusted defense: the 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 takes compulsory measures; 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.
In the form of entrusted defense, if the criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender to defend on his behalf.
After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.
Article 39
Defenders' right to meet and communicate. Defense lawyers can meet and communicate 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.
Second, what is the criminal detention process?
The criminal detention procedure is as follows:
1. When the public security organ carries out detention, it must produce the detention certificate issued by the person in charge of the public security organ at or above the county level;
2, the implementation of detention personnel shall not be less than two people;
3. After detention, the detained person shall be immediately sent to the detention center for custody, and shall not exceed 24 hours;
4. Unless it is impossible to inform or inform the family members of the detained person that the crime suspected of endangering national security or terrorist activities may hinder the investigation, the family members of the detained person shall be notified within 24 hours after the detention, and the family members of the detained person shall be notified immediately after the situation that hinders the investigation disappears;
The public security organ shall interrogate the detained person within 24 hours after detention. If it is found that he should not be detained, he must be released immediately and issue a release certificate;
6. When the public security organ carries out detention in different places, it shall notify the public security organ where the detainee is located, and the public security organ where the detainee is located shall cooperate. The detention of a criminal suspect by a procuratorate must be decided by the procurator-general and served on the public security organ for execution. When necessary, the people's procuratorate may assist the public security organ in execution.