Pending prisoners in the detention center are not allowed to visit the prison, nor are they allowed to meet anyone except lawyers. When a criminal suspect is sentenced, if it is not necessary for his family members to apply to the judicial organs for visiting rights, he will be handed over to the prison to serve his sentence, and then the prison will inform the parties of the time, place and frequency of visiting rights.
Family members should bring relevant identification certificates, such as ID cards and household registration books, to the relevant police station or public security bureau to issue a certificate of relationship with prisoners. Generally speaking, prisons only allow prisoners' immediate family members to visit, and collateral relatives and friends are generally not allowed to visit unless there is a special relationship (such as the main sponsor of prisoners' consumption in prison).
Family members should ask when they can visit, and prisoners can receive visits at most twice a month. Because there are many prison areas, each prison area will generally arrange to meet with family members on a certain day from Monday to Friday, and legal holidays will be notified separately.
legal ground
People's Republic of China (PRC) Prison Law
Article 47 A prisoner may correspond with others while serving his sentence, but his correspondence shall be subject to inspection by the prison. Letters found in prisons that hinder the reform of criminals may be detained. Letters written by criminals to higher authorities and prison judicial organs are not subject to inspection. Article 48 While serving a sentence, a prisoner may meet with his relatives and guardians in accordance with regulations.
Criminal Procedure Law of the People's Republic of China
Article 39 the right of defenders 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.