1. If a lawyer is entrusted by a criminal suspect or defendant to provide legal aid or act as a defender, he shall issue a letter of introduction from the law firm, a power of attorney and a lawyer's practice certificate to the detention center when meeting with the criminal suspect or defendant.
2. When meeting with criminal suspects and defendants, the number of lawyers can be 1 to 2. Trainee lawyers and certified paralegals may assist lawyers in making interrogation records when meeting with criminal suspects and defendants.
3. When a lawyer meets a criminal suspect or defendant suspected of murder, robbery, stirring up trouble and other violent crimes, or if the criminal suspect or defendant is female, at least two people shall meet, of which 1 person can be a trainee lawyer or a paralegal.
Second, matters needing attention in interrogating criminal suspects
Interrogation of deaf-mute criminal suspects should be attended by people familiar with deaf-mute gestures, and this situation should be recorded in the record. When interrogating a juvenile criminal suspect, he may notify his legal representative to be present. If a criminal suspect is not familiar with the local common language, he shall translate it for him.
3. Will lawyers be recorded when they see prisoners?
Lawyers' meetings with criminal suspects and defendants in custody are generally held in places of detention, and the meetings are not monitored or recorded. In order to ensure the security of guards and interviews, the detention center can install video surveillance equipment.
Four. Procedure for lawyers to meet clients in criminal cases
1, the defense lawyer should hold the lawyer's practice license, the certificate of law firm, the power of attorney or the official letter of legal aid, and the detention center should arrange the meeting in time. In the investigation stage, when a lawyer meets a criminal suspect in custody, the pre-trial department of the public security organ shall set up a lawyer reception room. For cases that do not involve state secrets, the case-handling organ shall, within 48 hours after the lawyer requests a meeting, issue the Notice on Arranging Lawyers to Meet the Criminal Suspects in Non-confidential Cases, and the lawyer reception room shall notify the lawyers as soon as possible and arrange lawyers to meet.
2. When a lawyer meets a criminal suspect in custody at the stage of examination and prosecution, he shall not only provide the detention center with the "three certificates", but also produce a copy of the prosecution opinion provided by the procuratorial organ.
At the trial stage, the lawyer met with the defendant in custody. In addition to providing "three certificates" to the detention center, lawyers must also produce copies of the indictment issued by the procuratorate or the judgment documents of the people's court.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 38 A defense lawyer may provide legal aid to a criminal suspect during investigation. Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Ask the investigation organ about the crimes and cases suspected by the criminal suspect, and put forward opinions.
Article 39 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.