When it comes to the visitation right in life, many people's first understanding is the visitation right exercised by the husband and wife to their children after divorce. But in real life, there is another kind of visit, which refers to the visit of prisoners' families to prisoners. In this case, it is necessary to apply for a visiting card, because after all, it involves a criminal case and the parties cannot visit casually. Let me show you how to apply for a business card in our country.
First, how do the parties apply for a family visit card in China?
Article 48 of China's Prison Law stipulates that a prisoner may meet his relatives and guardians during his sentence.
In practice, relatives of criminals can bring their ID cards to the prison on the specified interview date with the certificate of relationship with prisoners issued by the village committee or neighborhood committee.
2. Can I visit during the appeal?
1. You can't visit before the criminal judgment takes effect (during the second trial).
2. Generally, normal visits can be made one month after the judgment takes effect.
3. If the judgment doesn't take effect, family members can't visit, and lawyers can help them visit.
Family members are not allowed to visit prisoners before the appeal period expires, because the judgment has not yet taken effect and is related to the case. In fact, in many cases, such as serious crimes such as fraud and corruption, relatives' visits may seriously affect the handling of cases before they are investigated. After a criminal suspect is arrested, he can't meet his relatives until the court decides, in order to prevent collusion. But you can meet with lawyers or other defenders according to law. Article 37 of the Criminal Procedure Law: 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.
3. Can I visit after the appeal period?
If an appeal is filed within the appeal period and the judgment has not yet taken effect, it will take effect after the judgment of the second instance; If no appeal is filed within the time limit for appeal, it shall be deemed as no appeal and the judgment shall take effect. You can apply for a visit after the judgment takes effect. Generally, when a prisoner is handed over, the detention center will inform his relatives to visit the detention center and then send him to prison.
Four, how long can I visit after the judgment is decided by Chinese law?
The prison will notify the criminal's family after the verdict takes effect. The notice shall be issued within five days from the date of admission to prison. You can go and have a look.
Article 48 of the Prison Law of People's Republic of China (PRC) stipulates that 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. According to the time conditions, prison visits can only be carried out on designated days. However, the current practice is generally that you can visit all the time except legal holidays. In general, the date of monthly interview in prison is set in advance. As long as the arrival date of new prisoners in prison is not missed or very close to the interview date, the prison authorities will arrange for prisoners to inform their families to participate in the interview activities of the month by letter or home phone in time.
According to the provisions of the Prison Law, each prison sets the meeting time according to the actual situation, and the prison sends a notice of family members within five days after the prisoner is admitted to prison. The notice has relevant provisions.
Article 20 of the Prison Law: After a prisoner is put into prison, the prison shall notify the prisoner's family. The notice shall be issued within five days from the date of admission to prison.
Article 48 While serving a sentence, a prisoner may meet with his relatives and guardians in accordance with regulations.
Through my introduction, we can see that, in fact, in the process of judicial practice, relatives of criminals only need to issue a certificate of the relationship between prisoners in the village Committee, and after carrying their ID cards, they can visit the suspects within the prescribed visiting days. In addition, our court also stipulates that prisoners' families are not allowed to visit during the above period.