Provisions on lawyers' meeting in investigation stage

Legal subjectivity:

There are some regulations on lawyers' meeting in the investigation stage: from the day when the criminal suspect is interrogated for the first time by the investigation organ or compulsory measures are taken, the entrusted lawyer can meet the criminal suspect with his lawyer's practice license, certificate of law firm, power of attorney or legal aid letter. If a person has been criminally arrested, his family and friends can't see him in person, and only lawyers can go to the detention center to see him.

Legal objectivity:

According to Article 96 of China's Criminal Procedure Law, the entrusted lawyer can meet with the criminal suspect in custody "after the criminal suspect is interrogated for the first time by the investigation organ or from the date when compulsory measures are taken". "The lawyer meets the criminal suspect in custody, and the investigation organ may send personnel to be present according to the case and needs". For cases involving state secrets, the lawyer's meeting shall be approved by the investigation organ. In the investigation stage, the content of the lawyer's interview should focus on the following aspects: First, understand the charges charged by the criminal suspect. The second is to understand relevant cases. It is mainly to know whether the criminal suspect has committed or participated in the crime that the investigation organ thinks he is suspected of and the relevant situation. The third is to know what compulsory measures the investigation organ has taken against the criminal suspect and the time limit for his detention. The fourth is to know whether the investigators have extorted confessions by torture, cheated confessions, induced confessions, disguised detention and other acts. According to what was learned during the meeting, the entrusted lawyer can provide the following legal assistance to the criminal suspect: (1) Provide legal advice. It refers to providing legal advice on the substantive law of the crime suspected by the criminal suspect and the rights and obligations of the criminal suspect in the process of investigation. -2 Acting as an agent for complaints and allegations. If a lawyer believes that the criminal suspect is not suspected of committing a crime and should not be investigated for criminal responsibility according to the charges and cases learned from the investigation organ, he may appeal on his behalf and request the investigation organ to dismiss the case. (3) apply for bail pending trial. If it is considered that the arrested criminal suspect meets the conditions for obtaining a guarantor pending trial, he may apply for obtaining a guarantor pending trial for the criminal suspect. (4) Apply for cancellation or change of compulsory measures on behalf of the Company. According to the provisions of Article 75 of the Criminal Procedure Law, if compulsory measures are taken against the investigation organ beyond the statutory time limit, the entrusted lawyer may apply for cancellation or change of compulsory measures on behalf of the criminal suspect.