Provisions on Issues Concerning Lawyers Meeting with Criminal Suspects and Defendants in Custody (for Trial Implementation) www.xbzfdl.com 2004-2- 15 northwest university of politics and law Chapter I General Provisions Article 1 In order to protect lawyers' right to practice in criminal proceedings according to law and standardize lawyers' practice of meeting with criminal suspects and defendants in custody, According to the Criminal Procedure Law of People's Republic of China (PRC), the Provisions of the Supreme People's Court and the Supreme People's Procuratorate on Lawyers Meeting with Criminal Suspects and Defendants in Custody, the Ministry of Public Security, the Ministry of Justice and the Legal Affairs Committee of the NPC Standing Committee on several issues in the implementation of the Criminal Procedure Law and relevant provisions, and combined with the specific situation of Dalian, these Provisions are formulated. Article 2 Lawyers shall keep state secrets, business secrets and personal privacy of clients in the process of handling criminal proceedings. Article 3 A lawyer shall not accept the entrustment of two or more criminal suspects and defendants in the same case to participate in criminal proceedings. Article 4 When meeting with criminal suspects and defendants in custody, lawyers must abide by the provisions of laws and regulations, and must abide by lawyers' professional ethics and discipline. Article 5 Public security organs, state security organs, people's procuratorates, people's courts and other case-handling organs shall protect lawyers' practice activities in accordance with the law, and guarantee lawyers' practice rights to meet criminal suspects and defendants in custody at the investigation stage, prosecution stage and trial stage. Article 6 Lawyers need not be approved by the case-handling organ when meeting with criminal suspects and defendants in custody, except as expressly provided by law. Chapter II General Provisions Article 7 When meeting with a criminal suspect or defendant in custody, a lawyer may engage in the following business activities according to law: (1) Asking the case-handling organ about the charges of the criminal suspect or defendant; (two) to understand the case from the criminal suspect and the defendant; (3) Providing legal advice, complaints and accusations to criminal suspects and defendants; (four) to apply for bail pending trial for the arrested criminal suspects and defendants. Article 8 When a lawyer meets a criminal suspect or defendant in custody, he can learn the following information about the case: (1) the natural situation of the criminal suspect or defendant; (2) Whether the criminal suspect or defendant has committed or participated in the suspected crime; (3) statements of the criminal suspect and the defendant on the facts and circumstances of the case; (four) the criminal suspect and the defendant's excuses about their innocence; (5) Whether the legal procedures for taking compulsory measures are complete and legal; (six) whether their personal rights and litigation rights have been violated after taking compulsory measures; (seven) other information related to the case that needs to be known. Article 9 A lawyer may provide the following legal advice when meeting a criminal suspect or defendant in custody: (1) Explain and explain the relevant provisions of the Criminal Procedure Law and the Criminal Law; (2) If there is an incidental civil action, explain and explain the relevant provisions of the Civil Procedure Law and the Civil Law. Article 10 Public security organs, state security organs, people's procuratorates, people's courts and other case-handling organs shall designate special persons in specific case-handling departments to be responsible for accepting applications for lawyers' meetings and handling matters related to lawyers' meetings. Article 11 Lawyers shall meet criminal suspects and defendants in custody in the supervision place, and the case-handling organ and the security department shall provide suitable meeting places. When the lawyer meets, the staff of the case-handling organ or the on-site security department shall not interfere with the lawyer's proper meeting. Article 12 The case-handling organ and the security department shall ensure the appropriate time and frequency for lawyers to meet with criminal suspects and defendants in custody, and lawyers shall abide by the regulations of the case-handling organ and the security department on working hours and rest time. Article 13 When a lawyer meets a criminal suspect or defendant in custody, he may make a record of the meeting, and after confirming that it is correct, he shall require the criminal suspect or defendant to sign the record and press his handprint. The security department shall provide necessary convenience for lawyers to make interview notes. Article 14 When a lawyer meets a criminal suspect or defendant in custody, the number of people attending the meeting shall not be less than two, one of whom shall be an entrusted lawyer and the other may be a trainee lawyer or a paralegal. Lawyers, trainee lawyers or paralegals shall present their corresponding practice certificates when meeting. If there are translators attending the meeting, the lawyer shall also submit the identity certificate of the translator and the certificate that the case-handling organ allows the translator to attend the meeting. Article 15 When meeting with a criminal suspect or defendant in custody, a lawyer shall abide by the regulations of the case-handling organ and the security department on the meeting. It is not allowed to bring the family members or other personnel of the criminal suspect or defendant to the meeting, and it is not allowed to hand over letters, money and other items prohibited by the guarding department for the criminal suspect or defendant. No communication tools shall be provided to criminal suspects or defendants in custody. Article 16 Lawyers, trainee lawyers or paralegals shall not participate in meetings with other criminal suspects and defendants in co-custody. Article 17 Without the consent of the case-handling organ, the security department and the criminal suspect or defendant in custody, lawyers shall not record, video or take photos when meeting with the criminal suspect or defendant in custody. Article 18 After the meeting, the lawyer shall go through the transfer procedures of the criminal suspect and defendant in custody with the security department. Article 19 If a case-handling organ or security department violates the law or these Provisions, the lawyer and his law firm may report to the Lawyers Association or the judicial administrative organ, or directly complain to the legal department of the case-handling organ or the relevant department at a higher level, demanding that it be corrected according to law, and the organ accepting the complaint shall give a reply within 10 days. Twentieth lawyers who violate the law, practice discipline or these Provisions, the case handling organ or the security department has the right to dissuade and warn them; Those who don't listen to dissuasion and warning have the right to stop this meeting, and can inform the bar association or the judicial administrative organ of the relevant situation. Chapter III Lawyers Meeting with Criminal Suspects in Custody during the Investigation Stage Article 21 If a lawyer requests to meet with a criminal suspect in custody during the investigation stage, he shall contact the case-handling organ. The case-handling organ shall determine the time and place of the meeting according to these Provisions, and notify the lawyer in time. Article 22 When a lawyer requests to meet a criminal suspect in custody, he shall present the following materials and required copies to the case-handling organ: 1, power of attorney; 2 lawyer's practice certificate (including trainee lawyer's work permit or assistant lawyer's work permit, the same below); 3. Letter from law firm about lawyers meeting with criminal suspects in custody. Twenty-third for cases that do not involve state secrets, the case-handling organ shall, within 48 hours after the lawyer requests a meeting, issue an official letter of meeting to the lawyer and arrange for the lawyer to meet. For the crime of organizing, leading or participating in organized crime, the crime of organizing, leading or participating in terrorist activities, or the major and complicated cases such as smuggling crime, drug crime, corruption and bribery involving more than two people, if the lawyer proposes to meet with the criminal suspect in custody, the case-handling organ shall issue a meeting letter to the lawyer within five days and arrange for the lawyer to meet. Twenty-fourth cases involving state secrets, the criminal suspect to hire a lawyer, shall be approved by the reconnaissance organ. If a lawyer requests to meet a criminal suspect in custody, he shall fill out the Application Form for Meeting a Criminal Suspect in a Secret Case. The case-handling organ shall make a decision of approval or disapproval within five days after the lawyer applies. If the interview is approved, a notice of approval to meet the criminal suspect in custody in a classified case shall be issued to the lawyer; If the interview is not approved, a "Decision on Not Approving to Meet the Criminal Suspect in a Secret-related Case" shall be issued to the lawyer, and the reasons shall be explained. Article 25 When meeting a criminal suspect in custody, a lawyer shall present the following materials and required copies to the security department: (1) Power of attorney; (2) Lawyer's practice certificate; (3) Special letter of introduction for lawyers to meet with criminal suspects and defendants in custody; (four) the official letter of the meeting issued by the investigation organ. For cases involving state secrets, lawyers should also submit to the security department the Notice of Permission to Meet Criminal Suspects in Secret-related Cases issued by the case-handling organ. Article 26 When a lawyer meets a criminal suspect in custody at this stage, the case-handling organ may decide whether to send a representative to be present according to the case situation and actual needs. Chapter IV Lawyers Meeting with Criminal Suspects in Custody at the stage of examination and prosecution Article 27 If a lawyer requests to meet with a criminal suspect in custody at the stage of examination and prosecution, the procuratorial organ shall go through the corresponding interview procedures. Article 28 In the stage of examination and prosecution, when a lawyer requests to meet a criminal suspect in custody for the first time, he shall present the following materials and required copies to the procuratorial organ: (1) Power of attorney; (2) Lawyer's practice certificate; (3) Letter from the law firm that the lawyer meets the criminal suspect in custody. When a lawyer requests a meeting again, he shall show the lawyer's practice certificate and the required copy to the procuratorial organ. Article 29 When a lawyer meets a criminal suspect in custody who is returned by the procuratorial organ for supplementary investigation, the investigation organ shall be responsible for handling the lawyer meeting procedures. Thirtieth procuratorial organs shall, when handling the procedures for lawyers to meet with criminal suspects in custody, provide lawyers with copies of prosecution opinions and relevant legal procedures and case materials according to their requirements. Article 31 When meeting a criminal suspect in custody, a lawyer shall present the following materials and required copies to the security department: 1, power of attorney; 2. Lawyer's practice certificate; 3. Special letter of introduction for lawyers to meet with criminal suspects and defendants in custody; 4. Official letter of the meeting issued by the procuratorial organ. Thirty-second at this stage, lawyers meet with criminal suspects in custody, and procuratorial organs do not send personnel to be present. Chapter V Lawyers Meeting with the Defendant in Custody at the Trial Stage Article 33 If a lawyer requests to meet with the defendant in custody at the trial stage, the people's court shall handle it. Article 34 During the trial stage, if a lawyer requests to meet the defendant in custody, he shall present the following materials and required copies to the people's court: 1, power of attorney or special letter of introduction issued by the legal aid department; 2. Lawyer's practice certificate; 3. A lawyer's letter issued by a law firm. Article 35 When meeting a defendant in custody, a lawyer shall present the following materials and required copies to the security department: 1, a copy of the indictment transferred by the procuratorial organ or a judgment of the people's court; 2. Special letter of introduction for lawyers to meet with criminal suspects and defendants in custody; 3. Lawyer's practice certificate. Article 36 When a lawyer meets the defendant at this stage, the people's court will not send any staff to be present. Chapter VI Supplementary Provisions Article 37 These Provisions shall apply to criminal cases in which a criminal suspect or defendant is detained in a place of detention of a state security organ and a lawyer requests to meet the criminal suspect or defendant in custody. Thirty-eighth public lawyers in the legal aid department need to meet with criminal suspects and defendants in custody when handling legal aid cases, which shall be handled with reference to these Provisions. Thirty-ninth the provisions from the date of issuance of the trial. Before the promulgation of these Provisions, the relevant provisions of various departments in this Municipality are inconsistent with these Provisions, and these Provisions shall prevail.
Injury identification can only be issued after the injury is stable. The determination of the degree of injury should be based on the primary injury directly caused by external factors and its consequences, including the injury at the time of injury, complications and sequelae caused by injury, etc. , should be comprehensive analysis and comprehensive evaluation. Therefore, some appraisals cannot be issued if the injury is unstable, and can only be issued after the treatment is stable.