I. Restrictions on family visits during criminal detention
Criminal detention is a severe compulsory measure, the purpose of which is to ensure the smooth progress of investigation and prevent criminal suspects from evading legal sanctions. Therefore, during the period of criminal detention, the right of family members to visit is usually restricted to a certain extent. This is based on the consideration of safeguarding judicial justice, protecting case secrets and preventing criminal suspects from interfering with investigation.
Second, the special circumstances of the visit
Although under normal circumstances, family members are not allowed to visit during criminal detention, in some special circumstances, such as the suspect is seriously ill or the family members need to convey important information to him, with the approval of the public security organs, family members can get the opportunity to visit. However, visits in this case are usually strictly supervised and restricted to ensure that they will not interfere with the investigation.
Third, the lawyer's right to meet.
It is worth noting that although family members are generally not allowed to visit during criminal detention, criminal suspects have the right to entrust lawyers to meet them. The lawyer's right to interview is an important right of criminal suspects in the process of criminal proceedings, which helps to protect their legitimate rights and interests from infringement. Lawyers can understand the case through interviews and provide legal advice and defense for criminal suspects.
Fourth, protect the rights and interests of family members.
Although family members cannot visit during criminal detention, their rights and interests are still protected by law. Family members can learn about the progress of the case through legal channels, such as consulting the case-handling organ and entrusting a lawyer to inquire on their behalf. At the same time, family members also have the right to supervise the work of the case-handling organs and ensure that they exercise their functions and powers according to law.
To sum up:
Family members are generally not allowed to visit during criminal detention, which is based on the consideration of safeguarding judicial justice, protecting case confidentiality and preventing criminal suspects from interfering with investigation. However, under special circumstances or through interviews with lawyers, family members can still understand the case and protect the legitimate rights and interests of criminal suspects. At the same time, the rights and interests of family members are also protected by law, and they can learn about the progress of the case through legal channels and supervise the work of the case-handling organs.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 39 provides that:
"Defense lawyers can meet and communicate 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. In criminal cases endangering national security and terrorist activities, defense lawyers should obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. In the above circumstances, the investigation organ shall notify the detention center in advance. "
The legal provisions clearly stipulate the lawyer's right to meet in the process of criminal proceedings, and at the same time, it also reflects the restrictions on the family's right to visit. In practice, family members should respect the legal provisions, understand the progress of the case through legal channels, and protect the legitimate rights and interests of criminal suspects.