Article 96 of the original law: "When a lawyer meets a criminal suspect in custody in a case involving state secrets, he shall obtain permission from the investigation organ." Article 37 of the new law: "If a defense lawyer requests to meet with a criminal suspect or defendant in custody with a lawyer's practice certificate, a law firm certificate, a power of attorney or a letter of legal aid, the detention center shall arrange a meeting in time. 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 criminal suspects in custody during the investigation. " Change: it is clear that defense lawyers can meet without obstacles with three certificates (lawyer's practice certificate, law firm certificate and entrusted defense power of attorney, lawyer's practice certificate, law firm certificate and designated defense legal aid letter) without approval. However, crimes endangering national security, terrorist activities and particularly serious bribery cases still need the permission of the investigation organ. Interpretation: 1 Although the original law stipulates that only cases involving state secrets need to be approved by the investigation organ, in practice, the investigation organ often refuses to approve interviews as cases involving state secrets because the relevant materials and handling opinions in the investigation process need to be kept confidential. The Lawyers Law of 2008 stipulates that defense lawyers can meet as long as they have three certificates, without approval. The amendment absorbed this clause. 2. Crimes endangering national security, terrorist crimes and particularly serious bribery cases still need the approval of the investigation organ. Even in the west, there are exceptions to these crimes. Cardoso believes that if the basic elements of such criminals are protected, the Bill of Rights will become an American suicide agreement. It can be said that this exception is reasonable.
Legal objectivity:
Lawyer's right to meet has different contents in different litigation stages: 1, lawyer's right to meet in investigation stage. This stage is divided into different situations according to whether the criminal suspect has been taken compulsory measures and the types of compulsory measures taken: first, meeting the criminal suspect who has not been detained; This situation does not require the approval of the investigation organ, and the entrusted lawyer has the right to meet the criminal suspect directly. The second is to meet with criminal suspects in custody; After the criminal suspect is interrogated for the first time by the investigation organ or compulsory measures are taken, when the entrusted lawyer meets with the criminal suspect in custody, the investigation organ may send personnel to be present according to the circumstances and needs of the case; For cases involving state secrets, the lawyer's meeting shall be approved by the investigation organ. The third is to meet the criminal suspect who is under surveillance. Entrusting a lawyer should be approved by the public security organ or the people's procuratorate, because Article 75 of the Criminal Procedure Law stipulates that a criminal suspect living under surveillance shall not meet others without the approval of the executing organ. When meeting in the investigation stage, lawyers have the right to know about the suspected crimes, related cases, the situation and time limit of compulsory measures taken by the investigation organs, and whether the investigators have extorted confessions by torture or collected evidence from them by threats, enticements, deception and other means. Lawyers have the right to provide legal advice to criminal suspects on the substantive issues of suspected crimes, the rights and obligations of criminal suspects in the investigation process, etc. according to the information learned during the meeting. Have the right to appeal and accuse on their own behalf; If the entrusted lawyer thinks that criminal investigation should not be carried out, he may appeal on his behalf and request the investigation organ to dismiss the case; If investigators are found to have violated citizens' litigation rights and personal insults, they can file charges on behalf of criminal suspects; Have the right to apply for bail pending trial; Have the right to apply for cancellation or change of compulsory measures on their behalf. 2. The lawyer's right to meet at the stage of examination and prosecution. At the stage of examination and prosecution, lawyers began to appear as defenders. The Criminal Procedure Law does not restrict defense lawyers from meeting criminal suspects (except those who are under residential surveillance). As long as he is a defense lawyer, he has the right to meet with the criminal suspect in custody, without the approval of the procuratorial organ, and the procuratorial organ is not present to meet. At this stage, when lawyers meet with criminal suspects, they have the right to ask the facts of the case and listen to the statements and excuses of the criminal suspects; Have the right to consult the materials that prove the criminal suspect's guilt, innocence and seriousness, and ask whether the criminal suspect has new witnesses, physical evidence and evidence clues; Have the right to ask the criminal suspect about the case, such as the detention period, whether he was tortured to extract a confession, whether he was detained or frozen with the case, etc. According to the content of the meeting, the defense lawyer has the right to put forward defense opinions to the people's procuratorate to prove that the criminal suspect is innocent, the crime is light or his criminal responsibility is reduced or exempted. For those who should not be investigated for criminal responsibility, it is suggested that the people's procuratorate make a decision not to prosecute. If the property is sealed up or frozen with the case, it has the right to request the people's procuratorate to terminate it after making a decision not to prosecute. If the detention period exceeds the statutory time limit, they have the right to demand the cancellation or change of compulsory measures, and if the case-handling personnel commit illegal acts such as extorting confessions by torture, they have the right to prosecute on their behalf. 3. The content of the lawyer's meeting at the trial stage, except for the defendant who is under surveillance, the defense lawyer should not be subject to any restrictions when meeting the defendant, and there is no need for the people's court to issue a certificate. The people's court and the detention center should not send personnel to be present. When meeting with the defendant, the lawyer has the right to ask whether the defendant agrees to act as his defender and further determine the entrustment relationship; Have the right to listen to the defendant's self-defense opinions and inform the defendant's lawyer's defense opinions; Have the right to ask whether the defendant has evidence or clues to prove his innocence, light crime or reduced or exempted from criminal responsibility; Have the right to inform them of the trial procedure, their rights and so on. According to this information, lawyers can investigate according to law, collect relevant evidence, participate in criminal trials, defend defendants according to law and safeguard their legitimate rights and interests.