First, in the investigation stage, relatives are generally not allowed to meet.
Article 28 "Regulations on Detention Center" Criminals may communicate and meet with their close relatives with the consent of the case-handling organ and the approval of the public security organ during their detention.
This may be the only legal provision that allows relatives to meet detainees. To tell the truth, this regulation is very advanced and humanized, but it is difficult to see detainees according to this regulation! Relatives need to apply to the case-handling organ, and the case-handling organ will end your idea in one sentence: it will affect the investigation and will not approve the meeting for the time being! The case-handling organ also wants to close the case smoothly, so it will not let relatives meet to increase uncertainty, such as collusion. Generally speaking, it is almost impossible for relatives to meet detainees during the investigation stage, but it is possible under special circumstances.
Article 29 of the Regulations on Detention Centers: If a close relative of a criminal is seriously ill or dies, he shall promptly notify the criminal. When a prisoner's spouse, parents or children are critically ill, except for those who are seriously ill, with the consent of the case-handling organ and the approval of the public security organ, prisoners are allowed to visit at home under strict supervision.
When a close relative of a detainee is seriously ill or dies, he may go home to visit under the supervision of the police with the approval of the case-handling organ. Relevant media have reported that. If the case is not complicated, you can also get bail pending trial. A man in Jiangjin injured the doctor because he suspected that the doctor was at fault and caused his father to die. After the man was detained in criminal detention, he was allowed to handle his father's funeral with the consent of the case-handling organ.
2. At the stage of examination and prosecution, relatives can apply for meeting as defenders.
Article 33 of the Criminal Procedure Law: In addition to exercising the right of defense, a criminal suspect or defendant may entrust one or two persons as defenders. The following persons may be entrusted as defenders: (1) lawyers; (2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs; (3) Guardians, relatives and friends of criminal suspects and defendants. 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.
At the stage of the procuratorate's examination and prosecution, the detainees have also been arrested, and relatives can meet the detainees as defenders. This rule is also very humanized, but due to various objective reasons, relatives generally give up and no longer insist. Relative to lawyers, relatives will be subject to various restrictions. Lawyers can meet the detainees directly with their certificates without approval. Relatives who want to meet with detainees need the consent of the case-handling organ. Even if the case-handling organ agrees to meet, in order to prevent accidents, they will not approve a separate meeting and will accompany the meeting when their time permits. Tossing and turning, relatives have invited lawyers, written to contact detainees, and it is meaningless to insist on meeting. Besides, relatives don't understand the law in most cases, and sooner or later they have to hire a lawyer.
3. Meeting at the trial stage, there are two lines of tears across the "seat"
When the case is heard in court, relatives can listen in and shout a few words across several groups of seats, and the emotional will be stopped by the bailiff. At this point, if the judge can be merciful outside the law, he can only meet and say a few words, and there will not be much communication.
After the judgment takes effect, the detainees are held in detention centers or prisons, and relatives can meet as needed. Usually once a month.
Conclusion:
The law is humanized, but due to various objective reasons, it is difficult for relatives to meet detainees in the criminal detention stage. In order to better protect the legitimate rights and interests of detainees, the author still suggests that relatives seek help from lawyers.