According to Article 49 of the Procedures for Handling Criminal Cases by Public Security Organs?
For criminal cases endangering national security and terrorist activities, the case-handling department shall notify the detention center in writing when sending the criminal suspect to the detention center for custody; When a criminal suspect whose residence is under surveillance is delivered for execution, he shall notify the executing organ in writing.
In the process of investigation, the defense lawyer shall apply to meet the criminal suspect who is detained or under residential surveillance as stipulated in the preceding paragraph.
An application for meeting with a defense lawyer shall be submitted to the person in charge of the public security organ at or above the county level for approval within 48 hours after receiving the application, and a decision shall be made on whether to grant or not. Except in cases that hinder the investigation or may reveal state secrets, a decision on permission shall be made.
According to Article 50 of the Procedures for Handling Criminal Cases by Public Security Organs?
If the defense lawyer requests to meet the criminal suspect in custody, the detention center shall arrange for the lawyer to meet the criminal suspect within 48 hours after checking his lawyer's practice certificate, law firm certificate and power of attorney or legal aid letter, and notify the case-handling department at the same time.
Extended data:
In order to ensure the implementation of the Criminal Procedure Law of People's Republic of China (PRC), ensure that the public security organs correctly exercise their functions and powers in criminal proceedings, standardize the procedures for handling cases, ensure the quality of handling cases and improve the efficiency of handling cases, the Procedures for Handling Criminal Cases by Public Security Organs are formulated. Promulgated by the Ministry of Public Security on 201213 and effective as of 2013.
Article 42 A criminal suspect may entrust a defense lawyer by himself. If a criminal suspect is in custody, his guardian or close relatives may also entrust a defense lawyer to defend him on his behalf.
The request of a criminal suspect to entrust a defense lawyer may be in writing or orally. If it is put forward orally, the public security organ shall make a written record, which shall be signed by the criminal suspect and fingerprinted.
Article 43 If a criminal suspect in custody requests the detention center to entrust a defense lawyer, the detention center shall promptly convey it to the case-handling department, which shall promptly convey it to the defense lawyer or law firm entrusted by the criminal suspect.
If the criminal suspect in custody only asks to entrust a defense lawyer, but can't mention the specific object, the case-handling department shall promptly notify the guardian and close relatives of the criminal suspect to entrust a defense lawyer on his behalf. If the criminal suspect has no guardian or close relative, the case-handling department shall promptly notify the local lawyers association or the judicial administrative organ to recommend a defense lawyer for him.
Article 44 If a criminal suspect fails to entrust a defender under any of the following circumstances, the public security organ shall promptly notify the legal aid institution to appoint a defense lawyer for the criminal suspect:
(1) The criminal suspect is a mental patient who is blind, deaf, dumb or has not completely lost the ability to recognize or control his own behavior;
(2) The suspect may be sentenced to life imprisonment or death.
Article 45 After receiving an application for legal aid from a criminal suspect in custody, the public security organ shall transfer the application to the local legal aid institution within 24 hours, and notify the applicant's guardian, close relatives or other personnel entrusted by him to assist in providing relevant documents, certificates and other relevant materials.
If the address of the guardian, close relatives or other personnel entrusted by the criminal suspect is unknown and cannot be notified, the legal aid institution shall be informed together with the application.
If a criminal suspect refuses a lawyer appointed by a legal aid institution to act as a defender or entrusts a defender himself, the public security organ shall notify the legal aid institution within three days.
Article 46 After accepting the entrustment of a criminal suspect or the assignment of a legal aid institution, a defense lawyer shall promptly inform the public security organ and produce a lawyer's practice certificate, a certificate of law firm, a power of attorney or a letter of legal aid.
Article 47 If a defense lawyer asks the public security organ about the case, the public security organ shall inform the entrusted or designated defense lawyer about the alleged crime of the criminal suspect, the main criminal facts ascertained at that time, the adoption, change, lifting of compulsory measures and extension of the investigation and detention period of the criminal suspect, and make records.
Article 48 A defense lawyer may meet and correspond with a criminal suspect who is detained or under residential surveillance.
Forty-ninth cases of crimes and terrorist activities endangering national security, the case handling department shall notify the detention center in writing when the criminal suspect is sent to the detention center for custody; When a criminal suspect whose residence is under surveillance is delivered for execution, he shall notify the executing organ in writing.
In the process of investigation, the defense lawyer shall apply to meet the criminal suspect who is detained or under residential surveillance as stipulated in the preceding paragraph.
An application for meeting with a defense lawyer shall be submitted to the person in charge of the public security organ at or above the county level for approval within 48 hours after receiving the application, and a decision shall be made on whether to grant or not. Except in cases that hinder the investigation or may reveal state secrets, a decision on permission shall be made.
If the public security organ is not allowed to meet, it shall notify the defense lawyer in writing and explain the reasons. After the situation that hinders the investigation or may reveal state secrets disappears, the public security organ shall allow the meeting.
In any of the following circumstances, it is "obstructing investigation" as stipulated in this article:
(a) may destroy or falsify evidence, interfere with witness testimony or collusion;
(2) It may lead to the criminal suspect's self-mutilation, suicide or escape;
(3) It may cause accomplices to evade or obstruct the investigation;
(4) The criminal suspect's family members participate in the crime.
Article 50 If a defense lawyer requests to meet with a criminal suspect in custody, the detention center shall arrange for the lawyer to meet with the criminal suspect within 48 hours after checking the lawyer's practice certificate, law firm certificate, power of attorney or legal aid letter of the criminal suspect, and notify the case-handling department at the same time.
In the process of investigation, when the defense lawyer meets the criminal suspect who is detained or under residential surveillance in crimes endangering national security, terrorist activities and particularly serious bribery crimes, the detention center or the residential surveillance execution organ shall also check the license decision document of the investigation organ.
Baidu Encyclopedia-Procedures for Public Security Organs to Handle Criminal Cases