First, the basic meaning of designated residence monitoring residence
Residential surveillance at designated residence is a compulsory measure in China's criminal procedure law, which is usually applicable to criminal suspects and defendants. Under certain circumstances, the public security organ, the people's procuratorate or the people's court shall decide to monitor the residence in the designated residence, and not to monitor the residence in the detention center. The purpose of this measure is to ensure the smooth progress of the case, and at the same time prevent criminal suspects and defendants from evading legal sanctions or interfering with witnesses' testimony.
Second, the lawyer's right to meet the client.
During the period of residential surveillance at the designated residence, the lawyer, as the legal agent of the party concerned, has the right to meet the party concerned. This right is based on the duties of lawyers and the legitimate rights and interests of the parties. The lawyer's meeting with the client is helpful to understand the case, provide legal help to the client and safeguard the legitimate rights and interests of the client. At the same time, the lawyer meeting is also an important embodiment of protecting the rights of the parties.
Third, the relevant provisions of the lawyer meeting
China's criminal procedure law and related judicial interpretations have clear provisions on lawyers meeting clients. For example, Article 39 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates: "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. " Although this provision is mainly aimed at criminal suspects and defendants in custody, according to the jurisprudence and spirit, lawyers should also enjoy the corresponding right to meet under the supervision of living conditions at designated residences.
In addition, in order to ensure the smooth realization of lawyers' right to meet, relevant departments should provide convenient conditions for lawyers to meet, such as arranging appropriate meeting time and place to ensure the safe and orderly meeting process. At the same time, lawyers should also abide by relevant laws and regulations and professional ethics during the meeting, and must not disclose the secrets of the case or interfere with the investigation of the case.
To sum up:
During the period of residential surveillance at the designated residence, lawyers have the right to meet the parties. This right is an important embodiment of China's legal protection of lawyers' duties and the rights and interests of parties. Relevant departments should provide convenient conditions for lawyers to meet, and lawyers should also abide by relevant laws, regulations and professional ethics. Meeting with lawyers can better protect the legitimate rights and interests of the parties and promote the fair and equitable handling of cases.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 39 provides that:
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.
Provisions on protecting lawyers' practice rights according to law
Article 4 provides that:
People's courts, people's procuratorates, public security organs, state security organs and judicial administrative organs shall respect and guarantee lawyers' right to meet according to law. Lawyers meet criminal suspects and defendants who are in custody or under surveillance, and are not subject to surveillance.