The duty of a defense lawyer is to put forward materials and opinions on whether a criminal suspect or defendant is innocent, light or relieved of criminal responsibility according to facts and laws, and to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant. According to the provisions of the Criminal Procedure Law, even if the criminal suspect is not released on bail or detained, the lawyer can meet the criminal suspect in custody at any stage of the criminal proceedings (including before the trial, of course) (for crimes of endangering national security, terrorist activities and particularly serious crimes of accepting bribes, the defense lawyer should obtain the permission of the investigation organ to meet the criminal suspect in custody during the investigation).
Therefore, if the suspect is released on bail pending trial, the suspect can meet his defense lawyer at any time, and there is no legal obstacle.
Criminal procedure law
Article 33 A 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 compulsory measures are taken. 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.
If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender.
After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.
Article 35 A defender shall, according to facts and laws, put forward materials and opinions on the innocence, light crime or reduction or exemption of criminal responsibility of a criminal suspect or defendant, and safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.
Article 36 A defense lawyer may provide legal aid to a criminal suspect during investigation; Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Ask the investigation organ about the crimes and cases suspected by the criminal suspect, and put forward opinions.
Article 37 A defense lawyer may meet and correspond with a criminal suspect or defendant 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 cases of crimes endangering national security, terrorist activities and particularly serious bribery crimes, 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.