According to the provisions of the Criminal Procedure Law, the detention center should arrange a meeting for lawyers who meet the legal meeting procedures in time. Note that this is an arrangement, not a permit or permission. It can be seen that it is the legal obligation of the detention center to arrange a meeting for lawyers through legal meeting procedures.
Of course, the Criminal Procedure Law also stipulates that in cases of crimes endangering national security, terrorist activities and particularly serious bribery crimes, defense lawyers should obtain the permission of the investigation organ when meeting with criminal suspects in custody during investigation. Judging from this regulation, there are three types of cases that need permission, namely, crimes against national security, crimes of terrorist activities, and particularly serious bribery crimes. On the other hand, only the interview during the investigation needs the permission of the investigation organ, that is to say, even the above three types of cases do not need the permission of the investigation organ as long as the investigation is completed and transferred for review and prosecution.
What kind of criminals are not allowed to meet lawyers? Look at the law first.
Article 37 of the Criminal Procedure Law of People's Republic of China (PRC):
Read it:
1. In general, a lawyer can meet a criminal suspect with his lawyer's license and entrustment procedures.
2. For some special cases, such as crimes endangering national security, terrorist activities and particularly serious bribery cases, lawyers need to obtain the consent of the investigation organ if they want to meet the criminal suspect. In fact, lawyers are not allowed to meet suspects if the case requires.
3. In judicial practice, lawyers are not allowed to contact some major cases in the investigation stage.
Of course, although the law does not prohibit lawyers from meeting, a few lawyers believe that the relevant departments must unconditionally meet their meeting requirements. This view is problematic. In this case, it is recommended to communicate well and not be rude. If the lawyer quarrels in the detention center, the lawyer will suffer in the end.
The rights of lawyers are only relative. Under any circumstances, we must maintain the correct political direction and uphold the party's leadership! The law stipulates that the author should know how to implement it! At present, many places in the country are not allowed to meet during the inspection, and a few places have conditions for you to meet. Tell me!
In ordinary criminal cases, the lawyer's right to meet can fundamentally protect the rights and interests of criminal suspects. If lawyers are not allowed to meet in criminal cases, how can the fairness and justice of criminal suspects be reflected? But for some special criminal cases, lawyers are not allowed to meet during investigation.
Some job-related crimes, such as corruption and bribery, are handled by the supervisory Committee, and lawyers are not allowed to meet during this period.
At the same time, the Criminal Procedure Law also stipulates that in cases of crimes endangering national security, terrorist activities and particularly serious bribery crimes, defense lawyers should obtain the permission of the investigation organ when meeting with criminal suspects in custody during investigation.
Judging from this regulation, there are three types of cases that need permission, namely, crimes against national security, crimes of terrorist activities, and particularly serious bribery crimes.
On the other hand, only the interview during the investigation needs the permission of the investigation organ, that is to say, even the above three types of cases do not need the permission of the investigation organ as long as the investigation is completed and transferred for review and prosecution.
Criminals who commit crimes against national security or terrorist activities are not allowed to meet with lawyers. Recently, he was suspected of the crime of underworld organization and evil gang, and lawyers were not allowed to meet in the early stage.
Major cases such as gang crime, major bribery and endangering national security are restricted by the reconnaissance stage.
Strictly speaking, in all cases, as long as the procedures are complete, lawyers are allowed to meet, and lawyers are arranged to meet people no later than 48 hours.
It's just some special circumstances that require the stages and restrictions of the meeting. These include cases investigated by the supervisory Committee, and lawyers are not allowed to meet during the investigation. When the crime of endangering national security and the crime of terrorist activities are met during the investigation, they need to be approved by the investigation organ. At other stages, approval is not required, and lawyers can meet the parties with lawyer's certificate, certificate of law firm, power of attorney or legal aid letter.
This topic was put forward by a layman, right? A "criminal" can see a lawyer because he can only be called a "criminal" if the court finds him guilty. Otherwise it is called "criminal suspect".
A: In these criminal cases, such as crimes against national security, terrorist activities and major bribery, criminal suspects are not allowed to meet lawyers. If he wants to see them, he needs the permission of the investigation organ first. The investigation organ shall notify the detention center of the above situation in advance. Article 39 of the State Criminal Procedure Law deals with criminal cases endangering national security and terrorist activities. During the investigation, the defense lawyer shall obtain the consent of the investigation organ when meeting the criminal suspect in custody. According to China's criminal procedure rules, article 45 of this law refers to having; The amount of suspected bribery is huge, exceeding the prescribed amount, and the circumstances of the crime are bad; Having a significant social impact; Involving the vital interests of the state.
For a particularly serious bribery case, if the defense lawyer asks to meet with the criminal suspect in custody or under residential surveillance during the investigation, the investigation department of the people's procuratorate shall put forward an opinion on whether to approve it, report it to the chief procurator for decision, and reply to the defense lawyer within three days. For particularly serious bribery cases, the people's procuratorate shall allow defense lawyers to meet the criminal suspect before the investigation is completed. In fact, all criminal cases are only cases that endanger national security. Lawyers in major bribery cases and terrorist activities must obtain the consent of the investigation organ when meeting with criminal suspects. However, although the law has this provision, in reality, lawyers are not allowed to meet with triad-related cases, which is speechless and puzzling.
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. This problem actually existed several years ago, but in 20 18, the National People's Congress Standing Committee (NPCSC) revised the Criminal Procedure Law for the third time. Article 39 of the Criminal Procedure Law has deleted the requirement that lawyers need permission from the investigation organ when meeting with major bribery cases in the stages of investigation, examination and prosecution. The current law only deals with crimes against national security and terrorist activities. In the process of investigation, the defense lawyer shall meet with the criminal suspect in custody with the permission of the investigation organ.
In the question, it is actually inappropriate to use the expression of criminals. In the stages of investigation, examination and prosecution, the general term of criminal suspect applies.
Crimes against national security and terrorist activities are two kinds of common crimes, including multiple crimes. According to the spirit of the Constitution and the provisions of Articles 1 and 2 of the Criminal Law, the main tasks of the Criminal Law are to "defend national security, safeguard the political power and socialist system of the people's democratic dictatorship, protect state-owned property and property collectively owned by the working people, protect citizens' private property, and protect citizens' personal rights, democratic rights and other rights. "
Crimes endangering national security and terrorist activities are extremely harmful crimes. We should severely crack down on such crimes, carefully defend national security and state power, and protect the rights of the people and the country. Therefore, the Criminal Procedure Law stipulates strict procedural measures for these two types of crimes, so as to ensure that crimes are severely cracked down and laws are correctly applied, thus fully maintaining social and economic order and ensuring the smooth progress of socialist construction.