Visiting conditions:
1, subject condition. According to Article 48 of the Prison Law of People's Republic of China (PRC), only relatives and guardians of criminals can exercise the right to visit prisons. However, it is now common practice in all parts of the country that friends of criminals can also visit prisons, because visiting prisons can bring corresponding economic benefits to prisons.
2. Recording conditions. When visiting prisons, prisons are required to provide the following documents: identity documents (including ID card, temporary id card, household registration book, household registration certificate, officer's card, soldier's card, etc. ); Relevant certificates issued by local neighborhood offices, neighborhood committees and village committees. It is common practice now that a second proof is not needed.
3. Time conditions. This condition stipulates that prison visits can only be made on designated visiting days. However, the current practice is generally that you can visit all the time except legal holidays. After the judgment comes into effect, family members can apply for meeting.
Note: Visiting the prison is not limited to relatives, but friends or others can meet after the application is approved. Pending prisoners in the detention center are not allowed to visit the prison, nor are they allowed to meet anyone except lawyers.
Second, the legal provisions for lawyers to meet prisoners in prison.
Lawyers who are entrusted by criminals or appointed by the court to provide legal advice and act as defenders or agents in criminal proceedings, lawyers who are entrusted by criminals as agents in civil and administrative proceedings, and lawyers who are entrusted by criminals as agents in mediation and arbitration may meet criminals.
If a lawyer needs to meet a prisoner, he may submit a power of attorney to the prison where the prisoner is located by fax, mail or direct submission. If a power of attorney is not required, copies of relevant certificates, lawyer's practice certificate, letters issued by law firms and other materials shall be provided. If a paralegal or interpreter attends the meeting, the lawyer shall submit a copy of his work certificate or identity certificate to the prison.
After receiving the relevant materials submitted by lawyers, the prison shall arrange a meeting with those who meet the requirements within 48 hours. For criminals involved in state secrets or major and complicated cases, the prison shall make a decision to approve or disapprove the interview. The prison shall arrange a meeting within 48 hours after making the approval decision.
When a lawyer meets a prisoner in custody, there should be two lawyers present, or a lawyer with a paralegal is present. Lawyers are not allowed to pass contraband, deliver letters and money to criminals privately, provide communication tools for criminals to use, and record, video and take photos of interviews without the consent of prisons and criminals.
When the prison police meet with prisoners, they find that lawyers have violated the law and should warn them. If the warning is invalid, the meeting will be suspended. At the same time, the prison can report to the competent judicial administrative organ of the law firm where the lawyer is located or the bar association. When a lawyer meets a prisoner and finds that the prison police have violated the law, he can complain to the prison where the prisoner is located or to the higher authorities.
Third, the specific needs of parole conditions
1. Eligibility for parole: Parole stipulated in China means that criminals sentenced to fixed-term imprisonment have executed more than half of the original sentence, and criminals sentenced to life imprisonment have actually executed it for more than 13 years. If they seriously abide by the prison regulations, receive education and reform, show repentance and are not in danger of committing crimes again, they can be released in advance. Under special circumstances, with the approval of the Supreme People's Court, the above-mentioned restrictions on the execution of prison terms may be waived. According to judicial interpretation, this special situation refers to the situation with special needs in national politics, national defense and diplomacy. "Special circumstances" shall include the following circumstances:
(1) The prisoner has made major inventions or made outstanding contributions during his prison term;
(2) The prisoner has basically lost the ability to act, shows repentance, and will not endanger society after parole;
(3) The prisoner has special skills that are urgently needed by the relevant units;
(4) If a prisoner's family has special difficulties and needs personal care and requests parole, in judicial practice, the public security organ at or above the county level or the relevant department of the people's government shall provide proof. Except for first-time offenders, recidivists and criminals with particularly serious crimes committed by criminal groups;
(5) In order to further implement the policy of education, probation and salvation for juvenile offenders, the minor who committed the crime did show repentance during the execution of the penalty, so as not to endanger society again;
(6) In order to meet the needs of political struggle, parole should be applied to some criminals who have foreign nationality or do not belong to the mainland;
(7) Other special circumstances.
2. The statutory substantive conditions: the prisoner carefully observes and monitors his residence, receives education and reform, shows repentance, and is not in danger of committing another crime. This is the essential or key condition for applying parole. If a criminal meets the following four conditions at the same time, it should be considered as "true repentance": pleading guilty and serving the law; Abide by the code of conduct for the reform of criminals and prison discipline; Actively participate in political, cultural and technical studies; Take an active part in labor, take good care of public property and complete labor tasks. "There is no danger of committing a crime again", in addition to the circumstances stipulated in Article 81 of the Criminal Law, it should also be comprehensively considered according to the specific circumstances of the crime, the original sentence, the consistent performance in the execution of the penalty, the age at the time of committing the crime, the physical condition, the personality characteristics, the source of life after parole, and the supervision conditions.
3. Legal time conditions for execution of penalty: Parole is only applicable to criminals who have already executed part of the penalty. Article 81 of the Criminal Law: "If a criminal sentenced to fixed-term imprisonment has executed more than half of the original sentence, and a criminal sentenced to life imprisonment has actually executed it for more than 13 years, he has earnestly observed prison regulations, received education and reform, and has truly repented, and is not in danger of recidivism, he can be released on parole. Under special circumstances, with the approval of the Supreme People's Court, the above-mentioned restrictions on the execution of prison terms may be waived. To sum up, parole does not cost money, but it needs to meet the parole conditions stipulated by law in order to get parole. Know the conditions of parole. If you meet the above conditions, you must behave well and strive for it.
The above is the relevant content about what procedures are needed for prison visits. I hope it helps you. Visits in prison are not limited to relatives, friends or other people, but they can also visit after their applications are approved. Pending prisoners in the detention center are not allowed to visit the prison, nor are they allowed to meet anyone except lawyers.