1. How long can I see a lawyer after criminal detention?
Meet with a lawyer within 48 hours after criminal detention, and arrange a meeting within 48 hours after the detention center receives the request of a lawyer's defender.
Criminal Procedure Law of the People's Republic of China
Article 39 A defense lawyer may meet and correspond with a criminal suspect or defendant in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody.
If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate, a power of attorney or a letter of legal aid to ask for a meeting with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest.
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. The investigation organ shall notify the detention center of the above situation in advance.
When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide advice. From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants.
The provisions of the first, third and fourth paragraphs shall apply to the meetings and correspondence between defense lawyers and criminal suspects and defendants who are under surveillance.
Second, the characteristics
1, the lawyer's meeting here refers to the lawyer's right to meet in the process of criminal proceedings. The lawyer's right to meet is an extremely important right of lawyers in criminal proceedings. When a lawyer meets a client in the process of civil litigation or other non-litigation legal affairs, it is generally not called "lawyer meeting" but "meeting the client".
2. The purpose of establishing the lawyer interview system according to law is to ensure that criminal suspects and defendants can realize their litigation rights in the process of criminal proceedings. Criminal suspects and defendants are in a passive position in the process of criminal proceedings, especially those who have been taken criminal compulsory measures. They are in a state of detention and restriction of personal freedom. They are bound to be restricted in exercising their litigation rights, and of course there are certain limitations. Therefore, it is a favorable way for lawyers to meet them, understand their wishes and provide them with help. When their rights are violated, they can lodge complaints and accusations on their behalf.
3. The lawyer's right to meet comes from two aspects, one is the authorization based on the entrustment relationship, and the other is the right based on the lawyer's position in criminal proceedings. The former is based on the authorization of the client's rights, and its purpose is to make up for the lack of self-defense ability of criminal suspects and defendants, provide them with consultation, apply for bail pending trial, and appeal and accuse on their behalf. The latter is a right endowed by law based on the status and role of lawyers in criminal proceedings. It is an important job for lawyers to perform their duties as defenders, understand the alleged crimes and related cases by meeting with criminal suspects and defendants, and put forward "innocent" and "lighter" defense opinions for criminal suspects and defendants.
There are still various differences between criminal detention and administrative detention in modern society. If it is a criminal detention, then he can entrust a lawyer, because after all, the nature of the case at this time is completely different and he may need to go to jail, so the lawyer's right to meet will help protect the parties.