Regulations that lawyers should abide by when meeting with criminal suspects in custody 1. When a lawyer meets with a criminal suspect or defendant in custody, the detention center should check the lawyer's valid practice certificate, letter of introduction from the law firm, and power of attorney. Or a notice of defense designated by the people's court. 2. When a lawyer meets with a criminal suspect or defendant in custody, there should be at least two people in order to supervise each other and ensure safety; at least one of the persons accompanying the lawyer should be a practicing lawyer. If the other accompanying persons are not practicing lawyers, they should be in the same unit as the lawyer who meets with them. And those who hold certification documents issued by the lawyer management agency. 3. During the investigation stage, for cases that do not involve state secrets, lawyers can go through the interview procedures with the "Notice of Meeting with the Custodial Criminal Suspect" issued by the handling unit of the public security organ. For cases involving state secrets, they shall be handled with the "Decision Approving the Meeting with the Criminal Suspect" issued by the handling unit of the public security organ. 4. During the prosecution and trial stages, the hired lawyer can be arranged directly by the detention center to meet with the defendant and present the indictment or the indictment and a letter of introduction from the law firm, without the need for approval and arrangements from the investigation, prosecution or trial authorities; non-lawyer duties Other defenders are licensed by the procuratorate and the specific case-handling departments of the court. With permission from the specific case-handling department of the court, you can also meet with criminal suspects in custody. 5. When meeting with an interpreter, the interpreter must present a document approved by the agency. 6. When lawyers meet with criminal suspects or defendants in custody, they should be in one room per person. 7. When a lawyer meets with a criminal suspect or defendant in custody, the public security organ may send someone to be present. 8. When lawyers meet with criminal suspects or defendants in custody, they are not allowed to meet with criminal suspects or defendants privately. Relatives and friends of the criminal suspect or defendant are not allowed to be brought to the interview; it is prohibited to provide the criminal suspect or defendant with various communication, photographic equipment and other tools for contacting the outside world; it is prohibited to provide the criminal suspect or defendant with any property during the interview and carry any items with you when going out to work. 9. If a lawyer meets with a criminal suspect or defendant in custody and violates legal provisions or meeting regulations, the police present shall stop him. If necessary, the interview may be stopped based on the seriousness of the case and the lawyer management department shall be notified. 10. If detention center staff do not go through the interview procedures, lawyers can complain to the case transfer agency or case handling agency, or they can report it to the relevant departments through the judicial administrative agency. The above is what the editor has compiled for you. If a lawyer wants to meet with a criminal suspect, he needs to provide the necessary identification to the investigation agency, and the investigation agency should arrange the meeting in a timely manner. If your situation is more complex, this website also provides online lawyer consultation services, and you are welcome to seek legal consultation. Legal objectives:
New regulations of the Ministry of Public Security: When lawyers meet with criminal suspects in custody, the public security organs are not allowed to send people to be present. The right to defend is an important litigation right for criminal suspects and defendants. The Procedural Provisions stipulate the procedures for criminal suspects to entrust a defender, listen to the opinions of the defense lawyer, verify the evidence collected by the defense lawyer, and inform the defense lawyer to transfer the case for prosecution. Legal aid regulations have been revised, eliminating the requirement for approval of defense lawyers for confidential cases. In order to protect the right of lawyers to meet with criminal suspects, it is emphasized that "detention centers should arrange for lawyers to meet with criminal suspects in custody within 48 hours" to ensure that lawyers can meet with criminal suspects in custody within the legal period. According to the "no surveillance" provisions of the revised Criminal Procedure Law, the "Procedural Regulations" require that public security organs must not be present. At the same time, for cases where the defender is suspected of criminal jurisdiction, the "Procedural Regulations" stipulate that the defender handling the case by the public security agency shall report to the higher-level public security agency to designate another public security agency for investigation, or the higher-level public security agency shall investigate. The original public security agency shall not designate a lower-level public security agency for investigation. Cases investigated by the agency are handed over to lower-level public security agencies for investigation to ensure that the cases are handled fairly. Knowledge expansion: What is a lawyer meeting? Article 33 of my country's "Lawyers Law" stipulates: "From the day when a criminal suspect is first filed for investigation or compulsory measures are taken by the investigative agency, the entrusted lawyer shall present the lawyer's practicing certificate, law firm certification and power of attorney or legal aid. Lawyers have the right to meet with criminal suspects and defendants and learn about the case, and their meetings with criminal suspects and defendants are not subject to surveillance." Therefore, entrusting a professional criminal defense lawyer to conduct effective interviews and provide procedural legal assistance and substantive legal opinions is crucial to safeguarding the legitimate rights and interests of criminal suspects and defendants.