You can meet a lawyer during criminal detention, and only a lawyer can act as a defender and meet the criminal suspect during criminal detention.
1. 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 and requests to meet 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.
2. Detention in criminal proceedings is a compulsory measure taken by public security organs and people's procuratorates to temporarily deprive a criminal or a major suspect of personal freedom in case of legal emergency. The longest detention is 37 days.
General procedure for lawyers to meet detainees:
1, go through the meeting formalities.
When a lawyer meets a criminal suspect in custody, he shall present his lawyer's practice certificate, law firm certificate and power of attorney to the detention place. If there are translators attending the meeting, they shall also produce the certificate that the investigation organ allows the translators to attend the meeting. Cases involving state secrets shall be submitted to the investigation organ's "Decision on Approving to Meet the Criminal Suspect".
2. Confirm the power of attorney
When a lawyer meets a criminal suspect in custody, he shall ask whether he agrees to hire a lawyer. If you agree, you should ask him to sign the power of attorney. If you don't agree, you should record it and sign it.
3. Know the case.
When a lawyer meets a criminal suspect, he can learn about the case, including the following contents:
(1) The natural situation of the criminal suspect;
(2) whether and how to participate in the suspected case;
(3) If guilty, state the main facts and circumstances related to conviction and sentencing;
(4) If you think you are innocent, state a plea of innocence;
(5) Whether the legal procedures for taking compulsory measures are complete and legal;
(six) whether their personal rights and litigation rights have been violated after taking compulsory measures;
(seven) other information that needs to be known.
Step 4 take minutes of the meeting
(1) When a lawyer meets a criminal suspect, he shall make an interview record and give it to the criminal suspect to read or read it out to him. If there are omissions or errors in the records, the criminal suspect shall be allowed to supplement or correct them. After confirmation, the suspect is required to sign the record.
(2) Lawyers can record, video and take photos. When meeting a criminal suspect, the consent of the criminal suspect should be obtained in advance.
5. Transfer procedures
After the meeting, the lawyer should go through the handover procedures with the detention place.
To sum up, after the criminal suspect is detained, as a defense lawyer, he can meet and communicate with the criminal suspect in custody.
Legal basis:
Article 39 of the Criminal Procedure Law of People's Republic of China (PRC)
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 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 paragraphs 1, 3 and 4 shall apply to the meetings and correspondence between defense lawyers and criminal suspects and defendants who are under surveillance.