Chapter VI Meeting and Correspondence:
Article 28 A prisoner may communicate and meet with his near relatives with the consent of the case-handling organ and the approval of the public security organ during his detention.
Article 29 If a close relative of a supervised person is seriously ill or dies, he shall promptly notify the supervised person.
When a prisoner's spouse, parents or children are critically ill, except in serious cases, the prisoner is allowed to visit at home with the consent of the case-handling organ and the approval of the public security organ under strict supervision.
Extended information:
If a prisoner who has been sentenced to fixed-term imprisonment has less than three months left before being handed over for execution, the detention center will execute it on his behalf.
Lawyers Meeting with Criminal Suspects:
Lawyers Meeting with Criminal Suspects In order to ensure the safety of the prison and the smooth meeting with lawyers, and safeguard the legitimate rights and interests of criminal suspects or defendants, according to the Criminal Procedure Law, the Regulations on Detention Centers, the Procedures for Public Security Organs Handling Criminal Cases, and the relevant provisions of the Ministry of Public Security, the Provincial Public Prosecution Law and the Political and Legal Committee of the Municipal Party Committee, combined with the actual situation of the municipal detention center, The following provisions are made for lawyers to meet with criminal suspects or defendants in custody:
1. When lawyers meet with criminal suspects or defendants in custody, the detention center shall examine the lawyer's valid practice certificate, letter of introduction from the law firm, power of attorney or notice of defense designated by the people's court.
second, the lawyer should meet the criminal suspect or defendant in custody by two people, so as to supervise each other and ensure safety; At least one of the lawyers is a practicing lawyer at the meeting, and other accompanying persons, if they are non-practicing lawyers, shall be accompanied by lawyers from the same unit who met with the lawyers and personnel with certification documents issued by the lawyer management authority.
3. In the investigation stage, if the case does not involve state secrets, the lawyer can meet with the Notice of Meeting the Criminal Suspect in Custody issued by the handling unit of the public security organ. For cases involving state secrets, the case shall be handled by the decision of authorization to meet with criminal suspects issued by the handling unit of the public security organ.
4. In the stage of examination, prosecution and trial, the hired lawyer can be directly arranged by the detention center to meet with the defendant and present the indictment or indictment and the letter of introduction from the law firm, without the approval and arrangement of the investigation, procuratorial or judicial organs; Other defenders who are not lawyers may also meet with the criminal suspect in custody with the permission of the procuratorate and the specific case handling department of the court.
5. When bringing the hired translators to meet, the documents approved by the case-handling organ must be produced.
6. When a lawyer meets a criminal suspect or defendant in custody, he should have one person and one room.
7. When a lawyer meets a criminal suspect or defendant, he should be in one room. When a lawyer meets a criminal suspect or defendant in custody, the public security organ may send personnel to be present.
8. When lawyers meet with criminal suspects and defendants in custody, they are not allowed to bring their relatives and friends to the meeting; It is forbidden to provide all kinds of communication, photographic equipment and other tools for criminal suspects and defendants to contact with the outside world; During the meeting, it is not allowed to provide any property for the criminal suspect or defendant, and it is not allowed to take anything out of the office.
IX. When a lawyer meets a criminal suspect or defendant in custody, if he violates the law or the provisions of the meeting place, the police should stop it, and if necessary, they can decide to stop the meeting and notify the lawyer management department according to the seriousness of the case.
X. If the staff of the detention center fails to go through the interview formalities according to the regulations, the lawyer may complain to the organ that transferred the case or accepted the case, or report it to the relevant department through the judicial administrative organ.
if a defense lawyer meets a criminal suspect in custody during the investigation of crimes endangering national security and terrorist activities, especially major bribery crimes, he shall obtain permission from the investigation organ. The investigation organ shall notify the detention center in advance in the above circumstances.
When a defense lawyer meets a criminal suspect or defendant in custody, he can learn about the case and provide legal advice. From the date when the case is transferred for examination and prosecution, the evidence can be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting criminal suspects and defendants.
References:
People's Republic of China (PRC) detention center regulations -
People's Republic of China (PRC) detention center regulations -
People's Republic of China (PRC) detention center regulations-Baidu Encyclopedia.