1. If the public security organ is not allowed 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 accomplices to evade or obstruct the investigation;
(4) The criminal suspect's family members participate in the crime.
Second, the characteristics of lawyers' meeting
1, the lawyer's meeting here refers to the lawyer's right to meet in the process of criminal proceedings. The lawyer's right to meet is an extremely important right of lawyers in criminal proceedings. When a lawyer meets a client in the process of civil litigation or other non-litigation legal affairs, it is generally not called "lawyer meeting" but "meeting the client".
2. The purpose of establishing the lawyer interview system according to law is to ensure that criminal suspects and defendants can realize their litigation rights in the process of criminal proceedings. Criminal suspects and defendants are in a passive position in the process of criminal proceedings, especially those who have been taken criminal compulsory measures. They are in a state of detention and restriction of personal freedom. They are bound to be restricted in exercising their litigation rights, and of course there are certain limitations. Therefore, it is a favorable way for lawyers to meet them, understand their wishes, provide them with legal help, and file complaints and accusations on their behalf when their rights are violated.
3. The lawyer's right to meet comes from two aspects, one is the authorization based on the entrustment relationship, and the other is the right based on the lawyer's position in criminal proceedings. The former is based on the authorization of the client's rights, and its purpose is to make up for the lack of self-defense ability of criminal suspects and defendants, provide them with legal advice, apply for bail pending trial, and appeal and accuse on their behalf. The latter is a right endowed by law based on the status and role of lawyers in criminal proceedings. It is an important job for lawyers to perform their duties as defenders, understand the alleged crimes and related cases by meeting with criminal suspects and defendants, and put forward "innocent" and "lighter" defense opinions for criminal suspects and defendants.
Three. Contents of lawyers' meeting
At different stages of criminal proceedings, the content of lawyer's right to meet is different.
1. The content of the lawyer's right to interview in the investigation stage.
2. The content of the lawyer's meeting in the stage of review and prosecution by the people's procuratorate and trial by the people's court.
3. The contents of the lawyer's meeting during the review and prosecution by the people's procuratorate and the trial by the people's court.
Legal basis:
Procedures for handling criminal cases by public security organs in People's Republic of China (PRC)
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 accomplices to evade or obstruct the investigation;
(4) The criminal suspect's family members participate in the crime.