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According to the law, criminal suspects have the right to hire lawyers to defend themselves. A criminal suspect may hire a lawyer from the date of first interrogation or compulsory measures. Lawyers can exercise their right to meet and communicate according to law. What materials does the detention center need to meet? What is the legal basis? Bian Xiao has compiled relevant contents, please see below for details.
First, how to go through the interview procedures in the detention center?
1. power of attorney;
2. Official letter from law firm;
3. Special letter of introduction for lawyers to meet with criminal suspects and defendants;
4. A copy of the client's ID card;
5. Household registration book or marriage certificate or proof of kinship;
6. Lawyer's practice certificate.
Handle the meeting notice with the above materials, and submit the meeting notice and letter of introduction to the detention center for meeting.
Second, the legal basis for the detention center meeting:
Article 39 of the Criminal Procedure Law: A defense lawyer may meet and correspond with a criminal suspect or defendant 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. The investigation organ shall notify the detention center of the above situation in advance.
When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide legal advice. From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants.
The provisions of the first, third and fourth paragraphs shall apply to the meetings and correspondence between defense lawyers and criminal suspects and defendants who are under surveillance.
Measures for the implementation of the regulations on detention centers in People's Republic of China (PRC) Article 39 Defenders entrusted by criminals or designated by people's courts may meet and correspond with criminals after receiving a copy of the indictment.
When a lawyer meets a prisoner, he must hold a work permit of a law firm (or legal advisory office) and a special letter of introduction in a fixed format; Other defenders who want to meet with detainees must hold a special letter of introduction from the people's court.
Lawyers and other defenders must meet criminals in detention centers with the permission of the people's courts. Detention centers should provide convenience, guard and ensure safety. After the meeting, the prisoner shall be handed over to the police on duty for imprisonment.
The above are the materials and legal basis for the lawyer detention center to meet the parties. I hope the above contents compiled by Bian Xiao can help you. Thank you for browsing!