Legal basis: Article 39 of the Criminal Procedure Law of the People's Republic of China: Defense lawyers may meet and communicate with criminal suspects and defendants in custody. Other defenders may also meet and communicate with criminal suspects and defendants in custody with the permission of the People's Court and People's Procuratorate.
If a defense lawyer requests to meet with a detained criminal suspect or defendant with a lawyer's practicing certificate, law firm certificate, power of attorney, or legal aid letter, the detention center shall arrange the meeting in a timely manner, no later than 48 hours.
In cases of crimes endangering national security or terrorist activities, defense lawyers must obtain permission from the investigation agency to meet criminal suspects in custody during the investigation. The investigation agency shall notify the detention center of the above situation in advance.
Defense lawyers meet with criminal suspects and defendants in custody to learn about the case and provide legal advice. From the date the case is transferred for review and prosecution, relevant evidence can be verified with the criminal suspect or defendant. Defense lawyers are not subject to surveillance when meeting criminal suspects and defendants.
The provisions of paragraphs 1, 3 and 4 shall apply to meetings and communications between defense lawyers and criminal suspects and defendants who are under residential surveillance.