Visiting conditions:
(1) subject condition. According to Article 48 of the Prison Law of People's Republic of China (PRC), only relatives and guardians of criminals can exercise the right to visit prisons. However, it is now common practice in all parts of the country that friends of criminals can also visit prisons, because visiting prisons can bring corresponding economic benefits to prisons.
(2) certificate conditions. When visiting the prison, the prison is required to show the following documents: 1. Identity documents (including ID card, temporary id card, household registration book, household registration certificate, military officer's card, soldier's card, etc.). ); 2. Relevant certificates issued by local neighborhood offices, neighborhood committees and village committees. It is common practice now that a second proof is not needed.
(3) Time conditions. This condition stipulates that prison visits can only be made on designated visiting days. However, the current practice is generally that you can visit all the time except legal holidays. After the judgment comes into effect, family members can apply for meeting.
Note: Visiting the prison is not limited to relatives, but friends or others can meet after the application is approved. Pending prisoners in the detention center are not allowed to visit the prison, nor are they allowed to meet anyone except lawyers.
Legal provisions for lawyers to meet prisoners in prison
Lawyers entrusted by criminals or appointed by the court to provide legal advice and act as defenders or agents in criminal proceedings, lawyers entrusted by criminals to act as agents in civil and administrative proceedings, and lawyers entrusted by criminals to act as agents in mediation and arbitration may meet criminals.
If a lawyer needs to meet a prisoner, he may submit a power of attorney to the prison where the prisoner is located by fax, mail or direct submission. If a power of attorney is not required, copies of relevant certificates, lawyer's practice certificate, letters issued by law firms and other materials shall be provided. If a paralegal or interpreter attends the meeting, the lawyer shall submit a copy of his work certificate or identity certificate to the prison.
After receiving the relevant materials submitted by lawyers, the prison shall arrange a meeting with those who meet the requirements within 48 hours. For criminals involved in state secrets or major and complicated cases, the prison shall make a decision to approve or disapprove the interview. The prison shall arrange a meeting within 48 hours after making the approval decision.
When a lawyer meets a prisoner in custody, there should be two lawyers present, or a lawyer with a paralegal is present. Lawyers are not allowed to pass contraband, deliver letters and money to criminals privately, provide communication tools for criminals to use, and record, video and take photos of interviews without the consent of prisons and criminals.
When the prison police meet with prisoners, they find that lawyers have violated the law and should warn them. If the warning is invalid, the meeting will be suspended. At the same time, the prison can report to the competent judicial administrative organ of the law firm where the lawyer is located or the bar association. When a lawyer meets a prisoner and finds that the prison police have violated the law, he can complain to the prison where the prisoner is located or to the higher authorities.
Legal basis:
Article 47 of People's Republic of China (PRC) Prison Law
Criminals can communicate with others during their prison term, but the communication should be checked by the prison. Letters found in prisons that hinder the reform of criminals may be detained. Letters written by criminals to higher authorities and prison judicial organs are not subject to inspection.
Article 48 of People's Republic of China (PRC) Prison Law
While serving a sentence, a prisoner may meet with his relatives and guardians in accordance with the regulations.
Article 49 of the Prison Law of People's Republic of China (PRC).
Criminals receiving property shall be approved and inspected by the prison.