You live under surveillance. Why can't a lawyer see you?

Maybe the relationship is bad and the lawyer is unprofessional. It is illegal to prohibit lawyers from meeting under surveillance. After all, it is mentioned in the Criminal Procedure Law that defense lawyers can meet the detained parties, but the degree of residential surveillance is lower than that of detention, and of course they can meet. During the meeting, the parties and defense lawyers need to investigate and inquire about the relevant situation of the case in order to effectively safeguard the legitimate rights and interests of their parties.

When can the defense lawyer see the defendant who is under surveillance?

1. The defense lawyer can meet the criminal suspect in the detention center with the requirement of "three certificates". Except for crimes endangering national security, terrorist activities and particularly serious bribery crimes, lawyers do not need to be approved by the investigation organ when meeting with criminal suspects.

2. Defence lawyers can learn about the case from the investigation organ and the criminal suspect, and have the right to put forward opinions to the investigation organ to safeguard the legitimate rights and interests of the criminal suspect. In the investigation stage, lawyers can also communicate with the investigation organ about the cases they know, thus helping the investigation organ to clarify the investigation direction and punish the crime accurately.

3. The detention center has the obligation to arrange lawyers to meet the criminal suspects in time, and the above time limit is clearly stipulated by legislation, which greatly shortens the time for the detention center to arrange lawyers to meet the criminal suspects.

4. The confidentiality of the way lawyers meet with criminal suspects, no longer accompanied by investigators, is not monitored, which is conducive to full communication and mutual trust between lawyers and criminal suspects, thus better safeguarding the legitimate rights and interests of criminal suspects.

In some criminal cases in China, most of them need to hire professional lawyers to defend themselves, because professional lawyers have great power. For example, while a criminal suspect is in custody, lawyers can meet with him, but ordinary people are not allowed to. However, in practice, lawyers may be deprived of their right to meet and need to complain to the relevant departments.

Legal basis: Article 37 of the Criminal Procedure Law stipulates that defense lawyers can meet and correspond with criminal suspects and defendants in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody. 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.