Article 37 of the Criminal Procedure Law stipulates that defense lawyers can meet and correspond 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 cases of crimes endangering national security, terrorist activities and particularly serious bribery crimes, 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.
Article 75 of the Criminal Procedure Law: Criminal suspects and defendants living under surveillance shall abide by the following provisions: (1) Without the approval of the executing organ, they shall not meet others or correspond;
Extended data:
Article 75 of the new Criminal Procedure Law stipulates that criminal suspects and defendants living under surveillance shall abide by the following provisions:
(1) Not to leave the residential place under surveillance without the approval of the executing organ;
(two) without the approval of the executive organ, shall not meet with others or correspondence;
(3) Being present in time when being arraigned;
(four) shall not interfere with the testimony of witnesses in any form;
(five) shall not destroy or forge evidence or collusion;
(six) the passport and other entry and exit documents, identity documents, driving documents to the executive organ for preservation.
If a criminal suspect or defendant living under surveillance violates the provisions of the preceding paragraph and the circumstances are serious, he may be arrested; If it is necessary to arrest, the criminal suspect or defendant may be detained first.
The executing organ may supervise the criminal suspects and defendants living under surveillance by means of electronic monitoring and irregular inspection. During the investigation, the communication of the criminal suspect who is under surveillance can be monitored.
The people's courts, people's procuratorates and public security organs shall keep criminal suspects and defendants under residential surveillance for a maximum of six months.
During the period of bail pending trial and residential surveillance, the investigation, prosecution and trial of the case shall not be interrupted. If it is found that criminal responsibility should not be investigated, or if the term of bail pending trial or residential surveillance expires, the bail pending trial and residential surveillance shall be released in time. When releasing a person who has been released on bail pending trial or under residential surveillance, it shall promptly inform the person who has been released on bail pending trial or under residential surveillance and the relevant units [2]? .
References:
Residential Monitoring _ Baidu Encyclopedia