What are the circumstances in which the Criminal Procedure Law restricts access to lawyers?
1. What are the circumstances in which the Criminal Procedure Law restricts access to lawyers? There are three situations to restrict the lawyer's meeting: (1) In cases involving state secrets, the criminal suspect's hiring of a lawyer should be approved by the investigation organ; (two) lawyers meet with criminal suspects in custody, and the investigation organ may send personnel to be present according to the circumstances and needs; (3) When a lawyer meets a criminal suspect in custody in a case involving state secrets, it shall be approved by the investigation organ. 2. What are the provisions of the Criminal Procedure Law on meeting? 1, meeting time. In the investigation stage, the time for a criminal suspect to hire a lawyer is advanced from "after the first interrogation" in the current criminal procedure law to "from the date of the first interrogation", and the new criminal procedure law also cancels the restriction that a criminal suspect involved in a state secret case can only hire a lawyer with the approval of the investigation organ. Completely absorbed the provisions of the lawyer law. 2. Meeting procedures. The new Criminal Procedure Law has absorbed Article 33 of the Lawyers Law, which stipulates that "when a lawyer meets, he can produce a lawyer's practice certificate, a certificate of law firm, a power of attorney or a letter of legal aid" (three certificates). 3. Meeting procedures. The provision that lawyers are not allowed to be monitored when meeting criminal suspects and defendants cancels the provision that the investigation organ can send personnel to be present at the investigation stage according to the situation in the current criminal procedure law. For general cases, the lawyer's meeting should be directly submitted to the detention center and must be arranged within 48 hours at the latest. To some extent, this provision solves the problem that lawyers must be arranged by the case-handling organ during the investigation stage, but the 48-hour grace period in the detention center may bring new problems in practice. Moreover, once "forty-eight hours" becomes the norm, it will directly affect the overall meeting effect in the three stages of investigation, review, prosecution and trial. 3. What is the purpose of establishing a lawyer meeting system? The purpose of establishing lawyer interview system according to law is to ensure that criminal suspects and defendants can realize their litigation rights in the process of criminal proceedings. Criminal suspects and defendants are in a passive position in the process of criminal proceedings, especially those who have been taken criminal compulsory measures. They are in a state of detention and restriction of personal freedom. They are bound to be restricted in exercising their litigation rights, and of course there are certain limitations. Therefore, it is a favorable way for lawyers to meet them, understand their wishes, provide them with legal help, and file complaints and accusations on their behalf when their rights are violated. It is normal to restrict interviews. It can't be because the client belongs to a lawyer, and the whole process of meeting the suspect is unimpeded. In general, meetings need a series of documents, especially those involving state secrets. Lawyers need the approval of the investigation organ to meet criminal suspects, and in some cases, the public security organ will send special personnel to be present all the time.