During the criminal detention of a criminal suspect, his family members or other close relatives cannot visit him, and he can only entrust a lawyer to meet the criminal suspect. Accurately speaking, after the criminal suspect is detained in criminal detention until the court makes a judgment, no matter whether the criminal suspect is detained or arrested, relatives and friends of the criminal suspect can't visit the criminal suspect. This is because the suspect was not convicted before the court made a judgment, and allowing his family and friends to visit may have an impact on the investigation of the facts of the case and the trial of the case. At the same time, in order to protect the legitimate rights and interests of criminal suspects, during this period, criminal suspects or their close relatives are allowed to entrust lawyers to provide legal aid and criminal defense for criminal suspects. Therefore, when family members are in criminal detention, they should not try to visit them, but should entrust a lawyer to meet them at the first time to understand the basic situation of the case.
Can detention be released on bail pending trial?
As long as the detention meets the conditions of bail pending trial, you can get bail pending trial. Bail pending trial means that in criminal proceedings, the public security organs, people's procuratorates, people's courts and other judicial organs, in order to prevent criminal suspects and defendants who have not been arrested or need to change compulsory measures after arrest from evading investigation, prosecution and trial, order them to provide a guarantor or pay a deposit and issue a letter of guarantee to ensure that they will not be detained or temporarily released from detention after being summoned.
To sum up, if it is a criminal detention, the defense lawyer of the detainee can meet and talk with him, and the family members of the detainee are not allowed to visit him; Family members in civil detention can visit.
Legal basis:
Measures for the implementation of the Regulations of People's Republic of China (PRC) Municipality on Detention Facilities
Article 52
When meeting with detainees, they should hold valid identity documents. When the lawyer entrusted by the detainee meets with the detainee, he shall also hold a lawyer's practice certificate, a certificate of law firm, a power of attorney or a letter of legal aid. The police of the detention center shall examine the relevant certificates and vouchers of the meeting personnel, fill in the registration form of meeting the detainees, and make arrangements in time.
Criminal Procedure Law of the People's Republic of China
Article 39
Defenders' right 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.