Compared with the previous Interim Provisions on Lawyers Meeting Criminals in Prison, this new provision provides more comprehensive protection for lawyers' practice rights. After the introduction of the new regulations, the interim provisions shall be abolished at the same time.
According to the new regulations, when defense lawyers meet criminals who have been put on file for investigation, prosecution and trial, they are not subject to monitoring, and the prison shall not send police to the scene. This echoes the provisions of the Criminal Procedure Law, the Lawyers Law and other laws that defense lawyers should not be monitored when meeting criminal suspects.
The new regulations also have more detailed provisions on the relief channels when lawyers' rights are violated. The previous "Interim Provisions" pointed out that when lawyers meet with criminals and find that the prison people's police have violated these provisions, they can complain to the prison where the criminals are located or the higher authorities.
The new regulations stipulate that if a lawyer meets a criminal and thinks that the prison and its staff hinder him from exercising his right to practice according to law, he can complain to the prison or its superior competent authority, or apply to the municipal judicial administrative organ where his law firm is located to safeguard his right to practice; In case of emergency, you can apply to the judicial administrative organ where the incident occurred to safeguard the right to practice. The new regulations also make it convenient to modify the time and number of lawyers to meet.