Legal basis: Article 39 of the Criminal Procedure Law, 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 certificate from a law firm, a power of attorney or a letter of legal aid to ask for a meeting with a 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 in paragraphs 1, 3 and 4 are applicable to the meetings and correspondence between defense lawyers and criminal suspects and defendants living under surveillance.
article 44 of the criminal procedure law: a defender or any other person shall not help a criminal suspect or defendant to conceal, destroy, forge evidence or collude in confession, and shall not threaten or induce witnesses to commit perjury or engage in other acts that hinder judicial proceedings.
those who violate the provisions of the preceding paragraph shall be investigated for legal responsibility according to law. If a defender is suspected of committing a crime, it shall be handled by an investigation organ other than the investigation organ where the defender undertakes the case. If the defender is a lawyer, he shall promptly notify the law firm where he belongs or the lawyers association to which he belongs.