Should the detention center arrange a lawyer meeting within 48 hours?
The lawyer should arrange to meet with the detention center within 48 hours.
Provisions on Several Issues Concerning the Implementation of the New Criminal Procedure Law
7. Paragraph 2 of Article 37 of the Criminal Procedure Law stipulates: "If a defense lawyer holds a lawyer's practice certificate, a certificate from a law firm, a power of attorney or a letter of legal aid and requests to meet with a criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest." According to the above regulations, if the defense lawyer requests to meet with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time to ensure that the defense lawyer can meet with the criminal suspect or defendant in custody within 48 hours.
The Regulations clarify the procedures for a criminal suspect to entrust a defender, listen to the opinions of a defense lawyer, verify the evidence collected by a defense lawyer, and inform the defense lawyer to transfer the case for prosecution, amend the provisions on legal aid, and cancel the requirement that a defense lawyer must be approved when entrusting a confidential case.
In order to guarantee the lawyer's right to meet, the regulations emphasize that "the detention center should arrange lawyers to meet the criminal suspect in custody within 48 hours" to ensure that lawyers can really meet the criminal suspect in custody within the statutory time limit. On the basis of the revised Criminal Procedure Law, the Regulations further require the public security organs not to send personnel to be present to ensure the full realization of the right to meet. With regard to the jurisdiction of cases in which defenders are suspected of committing crimes, the "Regulations" shall be submitted by the public security organ handling cases undertaken by defenders to the public security organ at the next higher level to designate other public security organs to file a case for investigation, or the public security organ at the next higher level shall file a case for investigation, and it is required that the public security organ at the lower level of the public security organ that originally undertook the case shall not be designated to file a case for investigation, so as to ensure fairness in handling cases.
Evidence system illegal evidence shall not be used as the basis for requesting arrest.
According to the major changes made to the evidence system in the revised Criminal Procedure Law, the regulations further strictly stipulate the procedures for evidence collection, examination and illegal evidence exclusion.
In order to avoid the occurrence of unjust, false and wrong cases, the regulations clearly stipulate that "the evidence that should be excluded in the investigation stage shall be excluded according to law with the approval of the person in charge of the public security organ at or above the county level", and clarify the legal effect of the exclusion of illegal evidence, that is, "it shall not be used as the basis for requesting approval of arrest and transfer for review and prosecution".
In order to solve the problem that some police handling cases pay attention to collecting confessions of criminal suspects, but not to collecting confessions of criminal suspects, the "Regulations" add provisions for comprehensive examination and recording of criminal suspects' confessions, requiring public security organs to carefully check and attach volumes on criminal facts, guilt or innocence, defense and disproof, and evidence provided by criminal suspects to prove their innocence and guilt.
In addition, according to the provisions of the revised Criminal Procedure Law, the provisions clarify the procedures for investigators to testify in court. If the court considers that the existing evidence materials cannot prove the legality of evidence collection, and informs the relevant investigators or other personnel to appear in court to explain the situation, the relevant investigators or other personnel shall appear in court.