There are only three types of cases: crimes against national security, crimes of terrorist activities and particularly serious crimes of bribery. When a lawyer meets a criminal suspect in custody during the investigation, he shall obtain the permission of the investigation organ.
Therefore, as long as it is not a special case of three types stipulated by law, lawyers have the right to meet the criminal suspect after he is detained in criminal detention, without the approval of the case-handling organ. If the case-handling organ obstructs the meeting, the family members of the criminal suspect or the lawyer handling the case have the right to lodge a complaint or accusation.
Article 37 of the Criminal Procedure Law stipulates 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.
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 cases of crimes endangering national security, terrorist activities and particularly serious bribery crimes, 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.