Detention in criminal proceedings is a compulsory method that the public security organs and people's procuratorates take to temporarily deprive the criminal or major suspect of personal freedom in the process of investigation in case of legal emergency. Criminal detention must meet two conditions at the same time: first, the object of detention is a flagrante delicto or a major suspect. Second, it has one of the legal emergencies. During criminal detention, in principle, relatives cannot meet, but they can entrust a defense lawyer to meet. It is a legal right given to lawyers by law for teachers to meet criminal suspects in the investigation stage. After receiving the lawyer's meeting letter, the investigation organ must arrange the meeting according to law. According to the provisions of China's criminal procedure law, if a defense lawyer holds a lawyer's practice certificate, a law firm certificate, a power of attorney or a letter of legal aid, the detention center shall arrange a meeting in time, which shall not exceed 48 hours at the latest. The Lawyers Law also clearly stipulates that the entrusted lawyer has the right to meet the criminal suspect and the defendant with the lawyer's practice certificate, law firm certificate, power of attorney or legal aid letter from the day when the criminal suspect is interrogated for the first time by the investigation organ or compulsory measures are taken, so as to learn about the relevant cases. Lawyers don't listen when they meet criminal suspects and defendants. Therefore, if family members are detained in criminal detention, in principle, they can't visit, and they can only entrust lawyers to meet. Legal provisions: Article 33 of the Lawyers Law stipulates that the entrusted lawyer has the right to meet the criminal suspect in the lawyer's execution certificate, law firm's certificate, power of attorney or legal aid letter from the day when the criminal suspect is first questioned by the investigation organ or compulsory measures are taken, and from the day when the defendant knows the incident. Lawyers don't listen when they meet criminal suspects and defendants.
Legal objectivity:
Article 82 of the Criminal Procedure Law of People's Republic of China (PRC) * * * A flagrante delicto or a major suspect under any of the following circumstances may be detained by the public security organ in advance: (1) A person who is preparing to commit a crime, commits a crime or is found immediately after committing a crime; (2) The victim or a witness on the spot identifies him as a criminal; (3) criminal evidence is found around him or at his residence; (four) attempted suicide, escape or escape after committing a crime; (5) It is possible to destroy or forge evidence or collude with others; (six) do not speak the real name and address, the identity is unknown; (7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.