What are the detailed provisions of the new criminal procedure law on lawyers' meeting?
In the process of deepening the reform of national legal system, we can't ignore the existence of lawyers. Professional lawyers all know that only by passing the judicial examination and obtaining a lawyer's practice certificate can they obtain the qualification as a lawyer. Lawyers should use their legal knowledge to help their agents get the most just verdict. As the original defendants in the case, both parties should understand the detailed provisions of the new criminal procedure law for lawyers' meeting. First, what are the detailed provisions of the new criminal procedure law for lawyers? In order to ensure the safety of prisons and the smooth meeting with lawyers, and to safeguard the legitimate rights and interests of criminal suspects or defendants, according to the Criminal Procedure Law, Regulations on Detention Centers, Procedures for Handling Criminal Cases by Public Security Organs and the spirit of relevant regulations of the Ministry of Public Security, the Provincial Public Prosecution Office and the Municipal Party Committee, and in combination with the actual situation of detention centers in our city, the following provisions are made for lawyers to meet with criminal suspects or defendants in custody: 1. When a lawyer meets a criminal suspect or defendant in custody, the detention center shall examine the lawyer's valid practice certificate, the letter of introduction from the law firm, the power of attorney or the defense notice designated by the people's court. 2. Lawyers meet with two criminal suspects or defendants in custody to supervise each other and ensure safety; At least 1 person is a practicing lawyer when the lawyer meets, and other accompanying persons, if not practicing lawyers, should be people who meet with the lawyer in the same unit and hold the certificate issued by the lawyer management authority. 3. In the investigation stage, for cases that do not involve state secrets, lawyers will meet with the Notice of Meeting Criminal Suspects in Custody issued by the case-handling unit of the public security organ. Cases involving state secrets shall be handled on the basis of the decision issued by the case-handling unit of the public security organ to approve the meeting with the criminal suspect. 4. In the stage of examination, prosecution and trial, the hired lawyer can be directly arranged by the detention center to meet with the defendant, and produce the prosecution opinion or indictment and the letter of introduction from the law firm, without the approval and arrangement of the investigation, procuratorial and judicial organs; Other defenders who are not lawyers may also meet with the criminal suspect in custody with the permission of the procuratorate and the specific case handling department of the court. 5. When meeting with the employed translators, they shall present the documents approved by the agency. 6. When the lawyer meets, the criminal suspect and defendant in custody shall have one person and one room. 7. When a lawyer meets a criminal suspect or defendant in custody, the public security organ may send personnel to be present. 8. When a lawyer meets a criminal suspect or defendant in custody, relatives and friends of the criminal suspect or defendant may not attend the meeting privately; It is forbidden to provide all kinds of communication and photographic equipment to criminal suspects and defendants to contact with the outside world; During the meeting, no property shall be provided to the criminal suspect or defendant, and no articles shall be taken out of the residence. 9. If a lawyer meets a criminal suspect or defendant in custody and violates the provisions of the law or the meeting place, the on-site police shall stop him. When necessary, he can decide to stop the meeting according to the seriousness of the case and notify the lawyer management department. 10. If the detention center staff fails to go through the interview formalities as required, the lawyer may complain to the organ that transferred or accepted the case, or report to the relevant department through the judicial administrative organ. Second, hiring a lawyer is skillful 1, and hiring a professional lawyer. Laws include civil and commercial law, criminal law, administrative law, economic law and so on. Lawyers can't be familiar with so many legal provisions, and different lawyers have their own strengths in different fields. Therefore, when encountering cases in different fields and different natures, it is suggested to prescribe the right medicine and find a lawyer with expertise in this field to protect their legitimate interests to the maximum extent. 2. Hire an experienced lawyer. People generally have a psychology of superstitious authority and pursuing "brand", so when hiring lawyers, they will also hold the idea of "the older the better". In fact, this understanding is not entirely correct. Therefore, for ordinary simple cases, ordinary lawyers can do well; But for more complicated cases, it is relatively better to hire a lawyer with many years of work experience. 3. Hire lawyers with strong comprehensive quality. Practice has proved that education and work experience are important, but the ability and level of handling cases are more critical. In reality, many lawyers have not graduated from law school directly, but have engaged in different professions such as doctors, teachers and technicians, and they are bound to be handy when dealing with legal affairs related to their previous work. Therefore, lawyers with strong professional knowledge and high comprehensive quality are often the first choice of the parties. In the new criminal procedure law, the procedure of lawyer's meeting, the proof materials to be provided and some regulations that lawyers need to abide by at different stages are defined. I'm sure that the staff will never be at ease when a lawyer goes to a detention center to meet a criminal suspect. Without a letter of introduction from a law firm, a power of attorney and these documents that can prove his identity, lawyers are not allowed to be monitored when they meet a criminal suspect.