According to the criminal procedure law of China
Article 39
Defense lawyers can meet and correspond 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.
According to China's "Measures for the Implementation of People's Republic of China (PRC) Detention Center Regulations"
Article 39
Defenders entrusted by criminals or designated by the people's court may meet and correspond with criminals after receiving a copy of the indictment.
When a lawyer meets a prisoner, he must hold a work permit of a law firm (or legal advisory office) and a special letter of introduction in a fixed format; Other defenders who want to meet with detainees must hold a special letter of introduction from the people's court.
Lawyers and other defenders must meet criminals in detention centers with the permission of the people's courts. Detention centers should provide convenience, guard and ensure safety. After the meeting, the prisoner shall be handed over to the police on duty for imprisonment.
China's Procedures for Handling Criminal Cases by Public Security Organs
Fortieth public security organs shall ensure that defense lawyers engage in the following professional activities in accordance with the law during the investigation stage:
(a) to the public security organs to understand the criminal suspect accused of the crime and the case, and put forward opinions;
(two) to meet and correspond with the criminal suspect, and to understand the case from the criminal suspect;
(3) Providing legal aid and acting as an agent for complaints and accusations against criminal suspects;
(4) applying for changing the compulsory measures against criminal suspects.
Article 48 A defense lawyer may meet and correspond with a criminal suspect who is detained or under residential surveillance.
Extended data:
Beijing, 65438+February 1 1? (Reporter Wei Zhezhe) The Ministry of Justice recently promulgated and implemented the Regulations on Lawyers Meeting Criminals in Prison. According to the regulations, when defense lawyers meet criminals who have been put on file for investigation, prosecution and trial, they are not subject to monitoring, and the prison shall not send police to the scene.
The relevant person in charge of the Ministry of Justice said that this situation applies to lawyers meeting prisoners who have committed crimes or missed crimes in prison.
Article *** 16 of the Regulation on Lawyers Meeting Criminals in Prison expands the scope of lawyers' agency, and increases the scope of lawyers to represent various cases, provide non-litigation legal services, answer relevant legal inquiries, and write litigation documents and other documents related to legal affairs. In order to fully protect lawyers' right to practice, the new regulations stipulate that prisons should guarantee the time and number of meetings required for lawyers to perform their duties.
Lawyers who believe that the prison and its staff prevent them from exercising their right to practice according to law may complain to the prison or its superior organ, or apply to the municipal judicial administrative organ where the law firm is located to safeguard their right to practice. In case of emergency, you can apply to the judicial administrative organ where the incident occurred to safeguard the right to practice.
References:
Baidu Encyclopedia-Procedures for Public Security Organs to Handle Criminal Cases
References:
Baidu Encyclopedia-Measures for the Implementation of the Regulations of People's Republic of China (PRC) Detention Center
References:
People's Daily Online-Ministry of Justice issues new regulations to guarantee lawyers' right to meet in prison.