Legal Analysis
It is stipulated that criminals can meet their relatives as required during their sentence. There is no specific date and it can be implemented according to the regulations of each prison. While serving their sentence, criminals may meet with relatives and guardians in accordance with regulations. You need to bring relevant identification documents, such as ID card and household registration book, to the relevant police station/public security bureau to issue a certificate of relationship with the inmate. Generally speaking, prisons only allow visits by immediate family members of prisoners, and collateral relatives and friends are generally not allowed to visit, unless there is a special relationship (such as being the main sponsor of the prisoner's consumption in prison). Ask for specific consultation times. Prisoners can receive up to two visits a month, and the specific days are clearly defined. Because there are multiple prison districts, each prison district is generally scheduled to meet with family members on a certain day from Monday to Friday. Legal holidays (such as Spring Festival and May Day) will be notified separately. When you arrive at the prison, there is a special department to handle the interview procedures. You can ask the guard for the specific location. It usually takes 20 minutes to go through the formalities and 10-30 minutes to wait for the prisoner in the interview room. Please calculate the time yourself. If the inmate is interviewed less than twice during the month, interviews may occur in the morning and afternoon. A meeting only lasts 30 minutes. (This may vary in other prisons.) Inmates are not allowed to bring anything to the interview. You can give up the idea of ??bringing some food and clothes to your relatives as soon as possible.
Legal basis
Decision of the National People's Congress on amending the Criminal Procedure Law of the People's Republic of China. Article 36 is changed into two articles, as Article 37 and Article 38, and is revised to read: "Article 37 Defense lawyers may meet and communicate with criminal suspects and defendants in custody. Other defenders With the permission of the People's Court and the People's Procuratorate, they may also meet and communicate with criminal suspects and defendants in custody. "Defense lawyers may meet with criminal suspects or defendants in custody with their lawyer's practice certificate, law firm certificate and power of attorney, or official legal aid letter. In the case of a defendant, the detention center shall arrange an interview in a timely manner, no later than forty-eight hours. "In cases of crimes endangering national security, terrorist activities and particularly serious bribery crimes, defense lawyers shall obtain permission from the investigation agency to meet with criminal suspects in custody during the investigation. The investigation agency shall notify the detention center of the above situation in advance." Defense lawyer meeting Criminal suspects and defendants in custody can learn about the case and provide legal advice. From the date the case is transferred for review and prosecution, relevant evidence can be verified with the criminal suspect or defendant. Defense lawyers are not subject to surveillance when meeting criminal suspects and defendants. The provisions of paragraphs 1, 3 and 4 shall apply to meetings and correspondence between defense lawyers and criminal suspects and defendants who are under residential surveillance. Article 38 From the date when the People’s Procuratorate examines the prosecution case, the defense lawyer shall Case files can be consulted, excerpted, and copied. Other defenders may also consult, excerpt, and copy the above-mentioned materials with the permission of the People's Court or People's Procuratorate. "