1. Who can entrust a lawyer to meet with family members of criminal suspects. Only after the family members of a criminal suspect in criminal detention entrust a lawyer to represent the case, the lawyer will go to meet the criminal suspect after completing the formalities. 1. The lawyer’s meeting here refers to the lawyer’s exercise of the right to meet during the criminal proceedings. The right to meet with a lawyer is an extremely important right for lawyers in criminal proceedings. If a lawyer meets with a client in the course of civil litigation, or meets with a client while engaging in other non-litigation legal matters, it is generally not called a "lawyer meeting" or a "meeting with the client." 2. The purpose of establishing the lawyer meeting system in law is to ensure that criminal suspects and defendants realize their litigation rights during criminal proceedings. Criminal suspects and defendants are in a passive position during the criminal proceedings, especially those who have been subject to criminal compulsory measures. They are in a state of being detained and having their personal freedom restricted. They must exercise their litigation rights. It is subject to certain restrictions and of course has certain limitations. Therefore, lawyers meet with them, understand their wishes, provide them with legal help, and when their rights are infringed, they can file complaints and lawsuits on their behalf, which is a favorable way to realize their litigation rights. 3. The lawyer’s right to visit includes two aspects: one is the entrustment relationship based on authorization, and the other is the rights based on the lawyer’s status in criminal proceedings. The former is based on the authorization of the client and aims to make up for the criminal suspects and defendants' lack of defense capabilities, provide them with legal advice, apply for bail on their behalf pending trial, and file complaints and accusations on their behalf, etc. The latter is a right granted by law based on the status and role of lawyers in criminal proceedings. Lawyers meet with criminal suspects or defendants to learn about the crimes the suspects are suspected of and the circumstances of the case, so as to provide defense opinions of "not guilty" or "minor crime" for the criminal suspects or defendants. This is part of the lawyer's performance as a defender. an important task.
2. Lawyers meeting with criminal suspects At different stages of criminal proceedings, the content of the lawyer’s right to meet with criminal suspects is different. 1. During the investigation stage, the content of the lawyer’s exercise of the right to interview. According to Article 37 of the Criminal Procedure Law and Article 40 of the Procedural Regulations for the Handling of Criminal Cases by Public Security Organs, defense lawyers may meet with criminal suspects in custody and criminal suspects with whom they have correspondence, and learn about the case from the criminal suspects. ; Provide legal assistance to criminal suspects and represent them in appeals and accusations. Lawyers meet with criminal suspects during the investigation and have the right to learn from the criminal suspects about the charges and the circumstances of the case, the circumstances and time limits for the coercive measures taken by the investigative agencies, and whether the investigators have used torture to extract confessions or used threats, inducements, or Situations where evidence is illegally collected through deception or other methods. Lawyers can provide legal advice to criminal suspects based on the information learned during the meeting; lawyers have the right to file complaints or prosecutions on behalf of criminal suspects; if the defense lawyer believes that the criminal suspect should not be held criminally responsible, he can file a complaint on behalf of the criminal suspect , requiring the investigative agency to withdraw the case; if investigators are found to have violated citizens' procedural rights or insulted citizens' personality, they may file a complaint on behalf of the criminal suspect; they have the right to apply for bail pending trial; and they have the right to apply for the lifting or modification of bail pending trial. Have the right to apply for the lifting or modification of compulsory measures on their behalf. 2. Contents of lawyer representation during the review and prosecution stages of the People’s Procuratorate and the hearing stage of the People’s Court. Article 37 of the Criminal Procedure Law and Article 48 of the Criminal Procedure Rules of the People's Procuratorate stipulate that defense lawyers shall meet with criminal suspects and defendants in custody to learn about the case from the date the case is transferred for review and prosecution. , verify evidence with criminal suspects and defendants.
During the review and prosecution stage, lawyers meet with criminal suspects and have the right to inquire about the facts of the case and listen to the criminal suspect's statements and defenses; they have the right to verify the criminal suspect's guilt, innocence, minor or serious crime materials, and ask the criminal suspect whether There are no new witnesses, physical evidence or evidence clues; the right to learn from criminal suspects about the case, such as the period of detention, whether there was torture to extract confessions, whether there was seizure or freezing of property along with the case, etc. When necessary, defense lawyers can apply for investigation and evidence collection, or collect evidence in accordance with the law to prove that the criminal suspect or defendant is "minor guilty" or "innocent." Provide defense opinions to the People's Procuratorate in accordance with the law to prove the criminal suspect's innocence, reduce or exempt him from criminal liability. It is recommended that the People's Procuratorate make a decision not to prosecute based on the facts of the case. If the statutory period of detention is exceeded, the person has the right to request that the compulsory measures be lifted or changed; if the case handler commits illegal acts such as extorting confessions through torture, the person handling the case has the right to act as the accuser's agent. After the case enters the trial process, when the lawyer meets with the defendant, he or she has the right to hear the defendant's self-defense and the lawyer's defense opinions on the defendant; and has the right to require the defendant to prove his innocence, the crime is minor, or evidence that reduces or exempts him from criminal responsibility. Clues; the right to be informed of litigation rights during the trial. Lawyers participate in criminal trial activities based on their understanding of the situation, defend the defendant's "minor crime" or "not guilty" in accordance with the law, and safeguard the defendant's legitimate rights and interests. 3. When defense lawyers meet with criminal suspects or defendants who are under residential surveillance, the aforementioned provisions shall apply. The earliest time for a criminal suspect to entrust a defense lawyer is the day when the criminal suspect is first interrogated or takes compulsory measures by the investigative agency. Lawyers meet with detained criminal suspects in the detention center. During the review of prosecution by the People's Procuratorate, defense lawyers may meet with criminal suspects with a power of attorney and a lawyer's letter issued by a law firm. When defense lawyers meet with criminal suspects, no personnel from the People's Procuratorate will be present.