The Criminal Procedure Law stipulates that defense lawyers can meet and correspond with criminal suspects and defendants in custody. In criminal cases endangering national security and terrorist activities, defense lawyers should obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation.
At the same time, Article 52 of the Procedures for Handling Criminal Cases by Public Security Organs stipulates: (1) For criminal cases endangering national security and terrorist activities, the case-handling department shall notify the detention center in writing when sending the criminal suspect to the detention center. If the criminal suspect is under residential surveillance, it shall notify the execution organ in writing when sending it to execution.
(2) In the course of investigation, if the defense lawyer requests to meet the criminal suspect who is detained or under residential surveillance as mentioned in the preceding paragraph, he shall apply to the case-handling department.
(3) The case-handling department shall, within three days after receiving the application, report it to the person in charge of the public security organ at or above the county level for approval, make a decision on approval or disapproval, notify the defense lawyer in writing, and promptly notify the detention center or the department performing residential surveillance. Except in cases that hinder the investigation or may reveal state secrets, a decision on permission shall be made.
According to the above-mentioned laws and regulations, if it is a criminal suspect who is suspected of two special crimes and is designated to be under residential surveillance, the lawyer shall apply to the case-handling department when meeting; If it is a criminal suspect who is designated to live under surveillance because he has no fixed residence, the lawyer shall apply to the executive organ in accordance with the second item of Article 77 of the Criminal Procedure Law.
legal ground
Article 77 of the Criminal Procedure Law stipulates that criminal suspects and defendants living under surveillance shall abide by the following provisions:
(1) Not to leave the residential place under surveillance without the approval of the executing organ;
(two) without the approval of the executive organ, shall not meet with others or correspondence;
(3) Being present in time when being arraigned;
(four) shall not interfere with the testimony of witnesses in any form;
(five) shall not destroy or forge evidence or collusion;
(six) the passport and other entry and exit documents, identity documents, driving documents to the executive organ for preservation.
If a criminal suspect or defendant living under surveillance violates the provisions of the preceding paragraph and the circumstances are serious, he may be arrested; If it is necessary to arrest, the criminal suspect or defendant may be detained first.