Lawyers meet with criminal suspects in custody procedure is how 1, the lawyer accepts the suspect or defendant entrusted to provide legal assistance or as a defender, in the meeting with the suspect, the defendant, shall be issued to the detention center of the "law firm letter of introduction", show the "authorization of power of attorney" and lawyers practice certificate. 2, the lawyer accepts the suspect or the defendant's relatives hired on behalf of, or the relevant organs, units conveyed to hire the request, in the meeting with the suspect, the defendant, shall be issued to the custody of the "law firm letter of introduction", show the lawyer's license, and the suspect, the defendant in the "authorization letter of attorney" on the signature to confirm the custody of the inspection and record. 3. When meeting with the suspect or defendant, the lawyer may be one or two persons. Trainee lawyers and paralegals with a license can assist lawyers in making interrogation notes when they meet with suspects or defendants. 4. If a lawyer meets with a suspect or defendant suspected of murder, robbery, mobbing or other violent crimes, or if the suspect or defendant is a woman, the number of persons meeting with the lawyer shall not be less than two, and one of the persons meeting with the lawyer may be a trainee lawyer or paralegal. 5, due to special circumstances, lawyers need to meet with criminal suspects and defendants on holidays, vacation days and outside of normal working hours, the law firm shall apply in writing beforehand, and the detention center shall report to the supervisor for approval. According to the provisions of the preceding paragraph lawyers apply for a meeting, the detention center shall, within 48 hours from the receipt of a written application to make a decision on whether to agree to arrange a meeting, and promptly notify the applicant. 6, the lawyer with the suspect, the defendant's correspondence, the letter shall be submitted to the case undertaking department, the case undertaking department transferred to the detention center to the suspect, the defendant. The lawyer shall make a copy of the letter for the record. 7, the lawyer meets with the suspect, the defendant, shall comply with the relevant provisions of the detention center, shall not be unauthorized for the suspect, the defendant to pass items, letters, shall not be lent to the suspect, the defendant, such as cell phones and other wireless communication equipment. The relevant provisions of the detention center shall be posted in a conspicuous position. 8, the detention center for lawyers to meet with suspects and defendants shall provide convenience, arrange suitable meeting room. For the meeting with the object is necessary to implement the guard, the guard shall pay attention to the guard way, as far as possible to avoid or reduce the suspect, the defendant's concerns when talking, according to law to protect the suspect, the defendant to fully exercise the right to defense. 9, the custody personnel in the lawyer meets with the suspect, the defendant shall strictly abide by their duties, to protect the personal safety of lawyers, to prevent the suspect, the defendant escape, murder, suicide and other events. After the meeting, the lawyer shall, in accordance with the provisions of the detention center for the criminal suspect, the defendant to the custody of the formalities. Lawyers in the process of meeting, found that the suspect, the defendant is agitated, signs of irritability, possible suicide and other abnormalities, shall promptly inform the custody personnel.
Law Objective:The Criminal Procedure Law
Article 39
Defense lawyers may meet and correspond with criminal suspects and defendants in custody. Other defenders may, with the permission of the people's court or the people's procuratorate, also meet and correspond with criminal suspects and defendants in custody.
Where a defense attorney holds a lawyer's practice certificate, a certificate from a law firm and a power of attorney or an official letter of legal aid requesting a meeting with a criminal suspect or defendant in custody, the detention center shall promptly arrange for the meeting, which shall last no more than forty-eight hours at the latest.
Crimes against national security, terrorist activities, during the investigation of defense lawyers to meet with criminal suspects in custody, shall be permitted by the investigating authorities. In the above cases, the investigating authority shall notify the detention center in advance.
Defense lawyers may meet with the suspect or defendant in custody to learn about the case and provide legal advice;
from the date of transfer of the case for examination and prosecution, they may verify the evidence with the suspect or defendant. A defense lawyer's meeting with the suspect or defendant is not subject to wiretapping.
Defense lawyers meeting and corresponding with criminal suspects and defendants under residential surveillance shall be subject to the provisions of paragraphs 1, 3 and 4.
The Criminal Procedure Law
Article 39
Defense lawyers may meet and correspond with criminal suspects and defendants in custody. Other defenders may, with the permission of the people's court or the people's procuratorate, also meet and correspond with criminal suspects and defendants in custody.
Where a defense attorney holds a lawyer's practice certificate, a certificate from a law firm and a power of attorney or an official letter of legal aid requesting a meeting with a criminal suspect or defendant in custody, the detention center shall promptly arrange for the meeting, which shall last no more than forty-eight hours at the latest.
Crimes against national security, terrorist activities, during the investigation of defense lawyers to meet with criminal suspects in custody, shall be permitted by the investigating authorities. In the above cases, the investigating authority shall notify the detention center in advance.
Defense lawyers may meet with the suspect or defendant in custody to learn about the case and provide legal advice;
from the date of transfer of the case for examination and prosecution, they may verify the evidence with the suspect or defendant. A defense lawyer's meeting with the suspect or defendant is not subject to wiretapping.
Defense lawyers meeting and communicating with the criminal suspect or defendant under residential surveillance shall be subject to the provisions of paragraphs 1, 3 and 4.