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Can the detention center meet during the epidemic?
1. Can the detention center meet during the epidemic?
You can meet, but you need to check the relevant situation, especially whether you are infected with coronavirus. Meeting with lawyers is an activity for lawyers to understand the alleged crimes and related situations of criminal suspects and defendants, and to listen to their opinions and excuses on the alleged crimes, so as to better provide legal help for criminal suspects and better defend them.
Meeting with criminal suspects and defendants is an important task for lawyers to provide legal help and defense for criminal suspects and defendants, and it is also an important content for lawyers to participate in criminal proceedings and exercise their right to defense. Lawyers' associations are based on different departmental laws and regulations, and their meanings are different. The criminal procedure law stipulates that the purpose of lawyer meeting is to protect the litigation rights of criminal suspects and defendants, which embodies a legal system. The Lawyers Law stipulates that lawyers' meeting is a right, and emphasizes lawyers' right to meet criminal suspects and defendants according to law.
Second, the right and content of the lawyer's meeting
1. The content of the lawyer's right to meet at the investigation stage.
According to Article 39 of the Criminal Procedure Law and Article 40 of the Procedures for Handling Criminal Cases by Public Security Organs, defense lawyers can meet and correspond with criminal suspects in custody to learn about the case. Providing legal aid and acting as an agent for complaints and accusations against criminal suspects.
2, the people's Procuratorate review and prosecution and the people's court hearing stage, the lawyer met with the content.
Article 39 of the Criminal Procedure Law and Article 48 of the Criminal Procedure Rules of the People's Procuratorate stipulate that, from the date when the case is transferred for examination and prosecution, the defense lawyer may meet with the criminal suspect or defendant in custody, so as to learn about the case and verify relevant evidence from the criminal suspect or defendant. In the stage of examination and prosecution, lawyers have the right to ask the facts of the case and listen to the statements and excuses of the criminal suspect when meeting with the criminal suspect; 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 know the case from the criminal suspect, such as the detention period, whether there is a confession, whether there is any property seized or frozen with the case, etc. When necessary, defense lawyers may apply for investigation and evidence collection or collect evidence to prove that criminal suspects and defendants are "lighter" or "innocent" according to law. 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 according to law.
3. The above provisions shall apply to defense lawyers meeting with criminal suspects and defendants living under surveillance.
During the epidemic, if lawyers need to meet with criminal suspects, they also need to identify and deal with them according to the relevant situation of epidemic prevention and control. If they violate the relevant regulations on epidemic prevention and control, it is obviously not conducive to epidemic control. Seriously interfere with the prevention and control of the epidemic situation, it is necessary to investigate the relevant administrative responsibilities and avoid illegal acts.
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