2. Generally, normal visits can be allowed one month after the transfer after the judgment takes effect.
3. If the judgment has not yet taken effect and family members cannot visit, a lawyer can help with visitation.
4. If the appeal period has not passed after receiving the judgment, family members cannot visit the prison because the judgment has not yet taken effect and is related to the case.
Nowadays, there are many cases involving very serious crimes such as Internet fraud, theft, arson, corruption and bribery. If family members visit the parties during the second trial, it may affect the development of the case and may lead to collusive confessions. . Therefore, in order to prevent such phenomena from happening, relatives are not allowed to visit before the criminal judgment takes effect, and can only be visited by the corresponding lawyer or other relevant defenders. Of course, other defenders can only visit with the consent of the People's Court and the People's Procuratorate. It is particularly important to note that after the appeal period has passed, failure to appeal means that the judgment will take effect. At this time, relatives can apply to petition.
No one has the final say on the issue of not being able to visit during the appeal period. We still need to follow laws and regulations, and the relevant personnel in each case should abide by relevant legal orders.
Legal Basis
"People's Liberation Army of China" and "National Criminal Procedure Law"
Article 39 Defense lawyers may meet with criminals in custody suspects, defendants and communicate with them. Other defenders may also meet with and communicate with criminal suspects or defendants in custody with the approval of the People's Court or People's Procuratorate.
If a defender requests to meet with a criminal suspect or defendant in custody with a lawyer's practicing certificate, a law firm certificate, a power of attorney, and an official legal aid letter, the detention center shall arrange the meeting in a timely manner, and the meeting time shall not exceed 48 hours.
For crimes endangering national security or terrorist activities, defense lawyers who meet with criminal suspects in custody during the investigation must obtain permission from the investigation agency. In the above circumstances, the investigation agency shall notify the detention center in advance.
Defense lawyers can meet with criminal suspects and defendants in custody to learn about the case and provide legal advice; they can verify evidence with criminal suspects and defendants from the date the case is transferred for review and prosecution. Meetings between defense lawyers and criminal suspects or defendants are not subject to surveillance restrictions.
When defense lawyers meet with and communicate with criminal suspects or defendants who are under residential surveillance, the provisions of paragraphs 1, 3, and 4 shall apply.
Article 227 If the defendant, private prosecutor and his or her litigation agent are dissatisfied with the first-instance judgment or ruling of the local people's court at any level, they have the right to lodge a written or oral appeal with the people's court at the next higher level. . The defendant's defender and close relatives may appeal with the defendant's consent.
Parties to an incidental civil lawsuit and their agents may appeal against the first-instance judgments and rulings of local people's courts at all levels concerning incidental civil lawsuits.
The defendant shall not be deprived of his right to appeal under any pretext.