During the period of criminal detention, family members are not allowed to meet the criminal suspect, but those who have been released on bail pending trial, or who are serving a sentence, can meet. After presenting the lawyer's practice certificate and other relevant documents, the lawyer may meet the criminal suspect, and pay attention to respecting the criminal suspect and protecting the privacy of the criminal suspect during the meeting.
1. When can the family members see the suspect?
According to the provisions of the Criminal Procedure Law, during the period of criminal detention, family members are not allowed to meet the parties, but can only entrust lawyers to meet the parties, understand the case, access the case files, obtain favorable evidence and provide legal help.
If a criminal suspect is released on bail after being detained or arrested, he can meet his family after being released on bail.
If the suspect has not been released on bail pending trial, he will have to wait until the court decision takes effect before he can meet his family during his sentence.
Criminal detention must meet the following conditions:
(1) The object of detention is a flagrante delicto or a major suspect; An active criminal refers to a person who is committing a crime, and a major suspect refers to a person who has evidence to prove that he is suspected of a major crime.
(two) there is one of the legal emergencies; Article 80 of the Criminal Procedure Law stipulates that an active criminal or a major suspect under any of the following circumstances shall be punished. The public security organ may detain in advance:
1. Being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime.
2. The victim or the person who saw it with his own eyes identified him as a crime.
3. Found criminal evidence around or at the residence.
4. Attempted suicide, escape or escape after committing a crime.
5. It is possible to destroy, forge evidence or collude with others.
6, don't tell the real name, address, unknown.
7. Suspected of committing crimes on the run, committing crimes many times, and committing crimes in partnership.
Second, there are several points for attention when meeting with criminal suspects.
(a) sometimes the trust relationship between lawyers and clients can not be established in one meeting, so it is not appropriate to rush into the first meeting, and sometimes it is necessary to meet several times to deepen the trust relationship between the two sides before in-depth communication involving cases;
(two) the meeting should reflect the respect for the parties and the equality of both parties. Such as scales, tones, etc. At the same time, the tone and expression used in the meeting should be different for different parties to the case;
(3) In the interview, in addition to understanding the content of the interrogation, the parties should also know what the lawyer can do and what role it plays at this stage;
(four) if the parties have conveyed to their families, they should be screened. If there is no risk or there is risk, it shall explain to the parties not to convey it, and if there is no risk, it may be conveyed;
(five) pay attention to protect the privacy of the parties, such as rape cases, do not ask the specific details in the end;
(six) pay attention to the contents of the record, the relevant issues unrelated to the case shall not be recorded, and the issues related to the case shall be comprehensive and objective, and the parties shall check and sign for confirmation. Due to the differences of individual cases, the content of the interview is different, which needs to be selected and adjusted according to the actual situation;
(seven) every lawyer meeting is based on the progress of the case, in order to solve one or some specific problems, rather than meeting for the sake of meeting; For example, the first meeting is to establish an entrustment relationship, authorize the lawyer's subsequent defense and collect materials;
(8) A lawyer may explain the relevant provisions of the law on conviction and sentencing, but shall not instruct the parties to make statements during interrogation;
(9) After the parties put forward illegal or irregular requirements to lawyers during the meeting, they should politely refuse;
(10) Although the power of attorney is signed and confirmed by the family members of the parties, it is more conducive to ensuring that lawyers handle cases and avoid some troubles;
(1 1) Meeting minutes usually record contents that are beneficial to the parties, but there are also unfavorable contents. If the relevant legal documents issued need to be attached to the minutes of the meeting, the minutes of the meeting can be made separately for the relevant contents;
(12) When meeting the party whose residence is under surveillance, the relevant contents in the transcript shall be adjusted.
3. Who can entrust a lawyer to meet the criminal suspect?
When a family member of a criminal suspect in criminal detention entrusts a lawyer to represent a case, he shall go through the formalities of agency and meet the criminal suspect. Article 32 of the Criminal Law stipulates that a criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising the right of defense. A close relative of a criminal suspect may entrust a defense lawyer for the criminal suspect.
Family members can only meet criminal suspects when they are released on bail or serving their sentences. Criminal suspects are generally lawyers in the investigation stage.