Joke Collection Website - News headlines - How to meet a lawyer in a detention center (how to apply for meeting a person in a detention center)
How to meet a lawyer in a detention center (how to apply for meeting a person in a detention center)
The procedures for lawyers to go to the detention center to meet criminal suspects are as follows: 1, power of attorney; 2. Official letter from the law firm; 3. Special letter of introduction for lawyers to meet with criminal suspects and defendants; 4. A copy of the client's ID card; 5. Household registration book or marriage certificate or proof of kinship; 6. Lawyer's practice certificate.
With the above materials, go to the relevant departments to handle the meeting notice, and go to the detention center to meet the criminal suspect with the meeting notice and letter of introduction.
Legal basis:
Article 39 of the Criminal Procedure Law of People's Republic of China (PRC) * * * Defence lawyers may meet and correspond with criminal suspects and defendants 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 legal 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.
"Regulations of People's Republic of China (PRC) Detention Center" Article 32 If the people's procuratorate decides to initiate a public prosecution, the prisoner in custody may meet and correspond with the defender entrusted by him or the defender designated by the people's court after receiving a copy of the indictment.
Measures for the implementation of the regulations on detention centers in People's Republic of China (PRC) Article 39 Defenders entrusted by criminals or designated by people's courts may meet and correspond with criminals after receiving a copy of the indictment. When a lawyer meets a prisoner in custody, he must hold a certificate from a law firm.
Work permit and special letter of introduction in fixed format; Other defenders who want to meet with detainees must hold a special letter of introduction from the people's court. Lawyers and other defenders must meet criminals in detention centers with the permission of the people's courts. Detention centers should provide convenience, guard and ensure safety. After the meeting, the prisoner shall be handed over to the police on duty for imprisonment.
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