After detention, the detained person shall be immediately sent to the detention center for custody, and shall not exceed twenty-four hours. Unless it is impossible to notify or the notification of suspected crimes endangering national security or terrorist activities may hinder the investigation, the family members of the detained person shall be notified within 24 hours after detention. The suspect was put in a detention center. Before the judgment of the people's court, the criminal procedure law stipulated that only defense lawyers could meet the criminal suspect, and relatives and friends were not allowed to meet the criminal suspect. 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.
However, special provisions have been made for several types of crimes, such as crimes against national security, terrorist activities, especially serious bribery crimes and crimes of a triad nature. If a defense lawyer proposes to meet a criminal suspect in custody during the investigation, he shall obtain the permission of the investigation organ before meeting the criminal suspect.
When a defense lawyer meets a criminal suspect or defendant in custody, he can learn about the charges and the contents of the inquiry, introduce the legal provisions related to the crime, whether it has been violated or exposed, and provide legal advice. From the date when the case is transferred for examination and prosecution, the defense lawyer may access all the files of the procuratorate and verify the evidence of the case with the criminal suspect or defendant. When a defense lawyer meets a criminal suspect or defendant, the detention center and the investigation organ shall not monitor it.
legal ground
Regulations of People's Republic of China (PRC) Detention Center
Article 52 If a person leaves the detention center under any of the following circumstances, the detention center shall issue a release certificate:
(a) after detention, the case-handling organ finds that it should not be detained or the people's procuratorate does not approve the arrest and notifies it to be released immediately;
(two) after the arrest, the case-handling organ finds that it should not be arrested and notifies the release;
(3) The people's procuratorate has made a decision on exemption from prosecution or non-prosecution, and the case-handling organ has informed him of his release;
(4) Being acquitted or exempted from criminal punishment after trial by a people's court and being released by public announcement;
(5) The prisoner under the supervision of the detention center has served his sentence. Article 53 If a judgment has taken legal effect and should be transferred to a reeducation-through-labor place for execution, if the people's court decides to temporarily execute it outside prison, or if it is declared suspended, sentenced to public surveillance, transferred for review, temporarily executed outside prison or reeducation through labor according to regulations, it is necessary to go through the formalities of leaving prison separately, and the performance of the prisoner during his detention should be written and handed over with the case. Article 54 When a detainee leaves the detention center, he shall register the place where he left, and indicate the voucher, time and place on the criminal registration form.
When the detainee leaves the prison, he will count and return the property kept on his behalf, and he will sign and seal the property preservation registration form (stub) and retrieve the property preservation registration form kept by him.