Although the law stipulates that lawyers are not monitored when meeting with criminal suspects, if lawyers represent cases in violation of regulations, they are likely to put themselves in and become criminal suspects. Therefore, whether a lawyer can help his family depends on the specific content of the text.
The lawyer's meeting procedure is as follows:
1. If a lawyer accepts the entrustment of a criminal suspect or defendant to provide legal aid or act as a defender, he shall issue a letter of introduction from the law firm, a power of attorney and a lawyer's practice certificate to the detention center when meeting the criminal suspect or defendant;
2. If a lawyer accepts the employment of a criminal suspect or defendant's relatives, or the relevant organ or unit conveys the employment requirements, when meeting with the criminal suspect or defendant, he shall issue a letter of introduction from the law firm and show his lawyer's practice certificate to the detention center, which shall be confirmed by the criminal suspect and defendant's power of attorney, checked by the detention center and recorded;
3. When meeting with criminal suspects and defendants, the number of lawyers can be 1 to 2. Trainee lawyers and paralegals with certificates may assist lawyers in making inquiry records when meeting with criminal suspects and defendants;
4. When a lawyer meets a criminal suspect or defendant suspected of murder, robbery, stirring up trouble and other violent crimes, or if the criminal suspect or defendant is female, at least two people shall meet, of which 1 person may be a trainee lawyer or a paralegal;
5, due to special circumstances, lawyers need to meet with criminal suspects and defendants outside holidays, public holidays and normal working hours, it shall be put forward in writing by the law firm in advance, and reported to the leaders in charge of the detention center for approval;
6. Correspondence between lawyers and criminal suspects and defendants shall be submitted to the case-handling department in accordance with regulations, which shall transfer it to the detention center for transfer to the criminal suspect and defendant. The lawyer shall copy the letter for the record;
7. When meeting with a criminal suspect or defendant, a lawyer shall abide by the relevant regulations of the detention center, and shall not pass articles and letters to the criminal suspect or defendant without authorization, and shall not lend wireless communication equipment such as mobile phones to the criminal suspect or defendant for use. The relevant provisions of the detention center shall be posted in a conspicuous position;
8. The detention center shall provide convenience for lawyers to meet with criminal suspects and defendants, and arrange suitable interview rooms. If it is necessary to guard the interviewee, the guards should pay attention to the way of guarding, try to avoid or reduce the worries of the criminal suspect and the defendant when talking, and ensure that the criminal suspect and the defendant fully exercise their right to defense according to law.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 39 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 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.