1. How long is the prescribed time for lawyers to meet with criminal suspects?
There is no specific time limit. In the stage of examination and prosecution and trial, lawyers can meet without approval, and the number of times is not limited, as long as they are arranged according to the detention center's schedule. When meeting with them, lawyers can enjoy the following conditions:
1. Lawyers can meet with criminal suspects directly and independently without the approval or consent of investigators, who are not present;
2. The frequency and time for lawyers to meet with criminal suspects are not limited by investigators, and are completely decided by lawyers according to their own time. Because criminal suspects have the right to silence, it is better to meet with lawyers than with investigators;
The first meeting between lawyer and criminal suspect is usually arranged by police investigators. The meeting place is generally an independent and closed room, and the investigators are not present, so recording or monitoring equipment cannot be used.
Lawyers talk to criminal suspects face to face, without glasses or telephone. Lawyers meet criminal suspects in detention centers and other places, and detention centers provide places with the same conditions and requirements as those for meeting after prosecution, that is, separate rooms, face-to-face conversations, no phone calls and no listening;
There is no limit to what lawyers can talk about when they meet with criminal suspects. They can talk about the case and give guidance, including telling the suspect to keep silent. Let the criminal suspect remain silent or cooperate with the investigators for interrogation, and how to cooperate.
If a lawyer meets a criminal suspect or defendant in custody and violates the provisions of the law or the meeting place, the on-site police shall stop it, decide to stop the meeting when necessary, and notify the lawyer management department according to the seriousness of the case. If the staff of the detention center fails to go through the interview formalities as required, the lawyer may complain to the organ that transferred the case or accepted the case, or report to the relevant department through the judicial administrative organ.
Second, the procedure for lawyers to meet suspects.
1. If a lawyer is entrusted by a criminal suspect or defendant to provide legal aid or act as a defender, he shall issue a letter of introduction from the law firm, a power of attorney and a lawyer's practice certificate to the detention center when meeting with the criminal suspect or defendant.
2. If a lawyer proposes to meet the criminal suspect, he shall arrange a meeting within 48 hours. For the crime of organizing, leading or participating in underworld organizations, the crime of organizing, leading or participating in terrorist activities, or major and complicated cases such as smuggling crimes, drug crimes, corruption and bribery involving more than two people, if the lawyer proposes to meet with the criminal suspect, he shall arrange a meeting within 5 days.
There is no time limit for lawyers to meet suspects. Generally speaking, he can talk as long as he wants, but he must abide by the schedule of the detention center. If the schedule is exceeded, the detention center police can terminate the meeting. However, it should be noted that lawyers should not monitor the conversation between the two sides by monitoring or other means when meeting with criminal suspects.