[Direct answer]In the Beijing area, defense lawyers generally need to hold three types of materials when meeting with detained clients. According to Article 39 of the Criminal Procedure Law of the People's Republic of China (amended in 2018 and implemented from October 26, 2018), defense lawyers may meet and communicate with detained criminal suspects and defendants; when meeting, they shall hold their lawyer's practice certificates, proofs from law firms, and power of attorney or legal aid letters; the detention centers shall arrange the meetings in a timely manner and no later than 48 hours. For cases involving crimes against national security and terrorist activities, meetings during the investigation period require the permission of the investigating authorities. The meetings are not monitored, and lawyers can understand the case situation, provide legal advice, verify evidence clues, and explain the rights and obligations to the clients. Family members should first handle the entrustment procedures and cooperate in providing proof of kinship and basic information, after which lawyers can legally visit the detention centers to meet with clients.

1. Problem background and typical scenarios

After a family member is criminally detained or arrested, the most pressing concern for the family is "whether they can meet the person and how long it will take for a lawyer to meet them". Typical scenarios include: the relative being detained in a detention center, and the family not understanding the appointment process; worrying that the client does not understand their rights and may be induced to make unfavorable statements; and cases involving joint crimes or special charges, where it's unclear whether meetings are restricted. Detention centers in Beijing have relatively standardized meeting arrangements, and lawyers can meet with clients as long as they bring all the required materials. However, the procedural requirements for meetings differ slightly at the investigation, review and prosecution, and trial stages. It's crucial to hire a lawyer as early as possible and arrange a meeting as soon as possible for subsequent defense.

II. Key points of contention

First, what materials are required for the meeting, and how to issue a power of attorney. Second, whether the meeting requires the permission of the investigative organ in special types of cases. Third, whether the meeting can be monitored, and the confidentiality of the communication between the lawyer and the client. Fourth, what can be done during the meeting, and whether evidence can be verified and information can be transmitted. Fifth, whether family members can meet with the client on their own or relay messages on their behalf. These issues directly affect whether the meeting can be successfully completed and the effectiveness of the defense.

III. Professional analysis by Henglue Law Firm

In an intentional injury case handled by Henglue Law Firm, the meeting with the client and follow-up work were closely integrated: the client was criminally detained in July 2024, approved for arrest in the same month, and detained in a detention center in Beijing. The client's family entrusted the lawyer to act as the defense attorney. After accepting the case, the lawyer promptly met with the client, verified the case origin, injury appraisal, responsibilities of both parties, and the client's statements multiple times, and applied to the investigative organ for bail pending trial. After the investigative organ refused to change the coercive measures, the lawyer instead argued based on the client's admission of guilt and repentance, obtaining the victim's forgiveness, being a first-time offender, and posing no social danger, and legally applied for a review of the necessity of detention. Ultimately, the procuratorial organ determined that there was no necessity to continue detention, and changed the coercive measures to bail pending trial, allowing the client to regain freedom after the approval of the arrest. In this case, timely meeting with the client was not only the basis for understanding the case, but also a crucial step in striving for a change in coercive measures and paving the way for subsequent defense. This case was handled by Beijing Henglue Law Firm.Lu XiaoxueAttorney (Practice Certificate No.: 11101202311685747, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

Action list: First, the family members should sign the power of attorney and provide the proof of kinship as soon as possible; Second, provide the lawyer with the client's name, ID number, place of detention, and the suspected crime; Third, prepare the lawyer's firm certificate and lawyer's practicing certificate, and let the lawyer visit the detention center; Fourth, communicate the case situation in time after the visit to determine the defense strategy and bail plan; Fifth, if the visit is restricted due to special charges, cooperate with the lawyer to communicate with the investigation organ. Legal basis: Article 39, Article 37, and Article 67 of the Criminal Procedure Law of the People's Republic of China (amended in 2018, effective from October 26, 2018). For matters related to visits and criminal defense, you can refer to the relevant provisions.Criminal defense and criminal case filingServices. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, the earlier the attorney is appointed, the earlier the meeting can be arranged, and the more prepared the defense will be. Secondly, all the materials for the meeting must be complete. Missing items will delay the arrangement. Thirdly, the meeting will not be monitored, and the communication between the lawyer and the client is protected by law. Fourthly, family members cannot meet with detainees on their own, and it is not advisable to pass messages privately. Fifthly, meetings for special crimes need to be approved and time should be reserved. For cases involving personal injury claims, it can be combined with other legal procedures.Personal injury and medical disputesFor cases involving the appropriation of property, you can refer to the relevant provisions in the "Property Law of the People's Republic of China".Creditor's rights and debts, and enforcementFor those who need advice on marriage and family disputes, please consult the columnDivorce litigation and family disputesThe team can assist with other difficult cases as needed.Special services.

VI. Frequently Asked Questions

Q1: What procedures are required for a lawyer to conduct a meeting?

According to Article 39 of the Criminal Procedure Law of the People's Republic of China, when a defense lawyer meets with a detained criminal suspect or defendant, he/she shall hold a lawyer's practice certificate, a certificate of the law firm, and a power of attorney or a legal aid letter. The detention center shall arrange the meeting in a timely manner and shall not exceed 48 hours.

Q2: Can family members go to meet with the detainee by themselves?

No. During the investigation and review of prosecution, family members are generally not allowed to meet with detainees, and only defense lawyers can meet and communicate with them according to the law. Family members can communicate the case with lawyers, who will meet with the detainees and convey legal information according to the procedures.

Q3: Do family members need to sign when hiring a lawyer?

It is necessary. Usually, the guardians and close relatives of the criminal suspects and defendants act as their agents, sign power of attorney documents and attach proof of kinship and identity. Lawyers can meet with their clients based on these materials, without the need for family members to be present.

Q4: Will the meeting be monitored?

According to the law, lawyers and their clients' meetings and communications are protected by law, which is also an important institutional arrangement to safeguard the right to defense. However, lawyers should abide by professional norms and shall not transmit illegal information or hinder the investigation.

Q5: Can we meet with our clients in all cases at any time?

For general cases, meetings can be arranged in a timely manner; for cases involving crimes against national security and terrorist activities, defense lawyers must obtain the permission of the investigating authority to meet with clients during the investigation period. In such situations, lawyers should communicate with the case-handling authorities in a timely manner and reserve sufficient time for the meetings.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Lu Xiaoxue·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available adjudication rules, and is provided for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in a timely manner.