Ministry of Justice
Notice of the Ministry of Justice on Issuing the Interim Provisions on Lawyers Meeting with Prisoners
The judicial departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government, the Judicial Bureau and the Prison Bureau of Xinjiang Production and Construction Corps:
In order to regulate lawyers' meeting with prisoners and protect lawyers' right to practice, the Ministry of Justice has formulated the Interim Provisions on Lawyers Meeting with Criminals according to the Criminal Procedure Law of People's Republic of China (PRC), the Prison Law of People's Republic of China (PRC) and the Lawyers Law of People's Republic of China (PRC). The regulations are hereby printed and distributed to you, please implement them carefully. Please report the problems encountered in the implementation to our department in time.
ministry of justice of the people's republic of china
March 2004 19
Interim provisions on lawyers meeting criminals in prison
Article 1 These Provisions are formulated in accordance with the Criminal Procedure Law of People's Republic of China (PRC), the Prison Law of People's Republic of China (PRC), the Lawyers Law of People's Republic of China (PRC) and other relevant provisions in order to regulate lawyers' meeting with criminals and protect lawyers' practice rights.
Article 2 Lawyers shall meet with prisoners at the meeting place. Prisons should facilitate lawyers to meet prisoners.
Article 3 When meeting criminals, lawyers shall abide by the relevant regulations on prison management.
Article 4 Under any of the following circumstances, a lawyer may meet a prisoner in custody:
(1) To accept the entrustment of criminals or the designation of people's courts, provide legal advice and act as defenders or agents in criminal proceedings;
(2) Accepting the entrustment of criminals to act as agents in civil and administrative litigation;
(3) Accepting the entrustment of criminals to act as agents for mediation or arbitration;
(4) Other circumstances in which it is necessary to meet with criminals.
Article 5 When lawyers need to meet prisoners, they can submit copies of the following materials to the prison where the prisoners are located by fax, mail or direct submission:
Power of attorney (if no power of attorney is required, relevant certificates shall be provided);
(2) Lawyer's practice certificate;
(3) A letter from a law firm that a lawyer meets a prisoner in custody.
If a paralegal or interpreter attends the meeting, the lawyer shall submit a copy of his work certificate or identity certificate to the prison.
Article 6 After receiving the materials listed in Article 5 of these Provisions submitted by lawyers, a prison shall arrange a meeting with those who meet the requirements of Article 4 of these Provisions within 48 hours.
For criminals involved in state secrets or major and complicated cases, the prison shall make a decision to approve or disapprove the interview. The prison shall arrange a meeting within 48 hours after making the approval decision.
Article 7 When a lawyer meets a prisoner in custody, he shall show the original materials listed in Article 5 of these Provisions to the prison. After verifying that the copy is consistent with the original, the prison shall arrange a meeting in accordance with these regulations and inform the relevant provisions of prison management.
Article 8 When a lawyer meets a prisoner in custody, it shall be attended by two lawyers, or by lawyers with assistants.
Article 9 When meeting criminals, lawyers should observe the schedule of the prison.
Article 10 A lawyer shall not commit any of the following acts when meeting a prisoner in custody:
(1) Passing contraband;
(2) delivering letters and money for criminals without permission;
(3) Providing criminals with communication tools;
(4) Recording, videotaping and photographing meetings without the consent of prisons and prisoners;
(five) other acts that violate laws, regulations and rules and hinder the order of prison management.
Article 11 When a prison arranges a lawyer to meet a prisoner in custody, it may decide whether to send a representative to the scene according to the circumstances of the case and the needs of work.
Twelfth prison people's police found that lawyers in the process of meeting criminals, one of the acts in violation of the provisions of article tenth, should be warned; If the warning is invalid, the meeting should be suspended. A prison may report to the competent judicial administrative organ of the law firm where the lawyer is located or the bar association.
Thirteenth lawyers meet with criminals and find that the prison people's police violate these provisions, they can complain to the prison where the criminals are located or the higher authorities.
Article 14 The Ministry of Justice shall be responsible for the interpretation of these Provisions.
Fifteenth the provisions shall come into force as of the date of promulgation.