[Direct answer]In the Beijing area, after defense lawyers meet with detained criminal suspects and defendants, the information they can disclose to their families should not violate the obligation of confidentiality or hinder the investigation. According to Article 39 of the Criminal Procedure Law of the People's Republic of China (amended in 2018), defense lawyers may meet and communicate with detained criminal suspects and defendants; according to Article 38 of the Lawyer Law of the People's Republic of China, lawyers have an obligation of confidentiality regarding the situations and information of their clients and others that they do not wish to disclose during their practice. Therefore, lawyers can usually inform their families about the following: the physical condition and emotional state of the client, the types of coercive measures taken and the place of detention, the procedural stage and important time points of the case (such as whether the request for approval of arrest has been submitted, how the investigation detention period is calculated, etc.), family matters unrelated to the case conveyed by the client, and matters requiring the assistance of family members (such as handling authorization procedures, delivering daily necessities, and expressing the willingness to make restitution, etc.). Generally, it is not appropriate to disclose to family members: specific investigation progress and evidence details, information about co-defendants, content that may hinder the investigation, and matters that the client has explicitly requested to keep confidential. Family members should obtain procedural information through lawyers and express their demands reasonably, rather than requiring lawyers to disclose case information or transmit information that may affect the investigation.

I. Problem Background and Typical Scenarios

After a relative or friend is detained criminally, what family members care most about is not the legal provisions, but rather the current situation of the detainee, the progress of the case, and what they should do. In reality, family members cannot meet the detainees themselves and can only obtain information through defense attorneys, so it's easy for them to misunderstand why attorneys don't explain the case clearly. On the other hand, the information in the investigation stage is sensitive, and its random transmission may hinder the investigation or even put the parties and their families at risk. When handling criminal cases, the investigation authorities and detention centers have clear requirements for meeting procedures, and lawyers must also abide by corresponding professional norms. Understanding the boundaries of what lawyers can and cannot disclose can help family members and lawyers build trust and cooperate rationally, avoiding harming the interests of the parties due to improper communication.

II. Key points of contention

Firstly, the legal basis and procedural requirements for defense lawyers' meetings. Secondly, the scope and exceptions of lawyers' obligation of confidentiality. Thirdly, the boundary between family members' right to know and the confidentiality of the investigation. Fourthly, how lawyers should handle when clients request confidentiality. Fifthly, the compliance boundaries for family members to transmit information and items through lawyers.

III. Professional analysis by Henglue Lawyers

Henglue Lawyers believe that after the meeting, the communication of information should adhere to the principle of "talking about procedural information when necessary, being cautious about case details, and not disclosing information that the client has explicitly requested to keep confidential". Regarding procedural information, lawyers can inform the family about whether the meeting went smoothly, the client's physical and emotional condition, the detention facility and coercive measures, whether the application for approval of arrest has been submitted, and the time limit for detention investigation, etc., to help the family grasp the schedule and prepare materials for bail application in time. Regarding case details, the information obtained by lawyers is a professional secret, and the content of the investigation stage often involves the direction of the investigation and evidence. Disclosing this information to the family may lead to risks such as collusion, property transfer, or witness interference, so caution is necessary and only general explanations should be given when necessary. For matters that the client has explicitly requested to keep confidential, lawyers should respect this request. According to the relevant provisions of the Criminal Procedure Law of the People's Republic of China (amended in 2018), defense lawyers are not allowed to be monitored when meeting detainees, which is both a right and a responsibility. Therefore, lawyers should avoid using the meeting as a channel for transmitting improper information. Based on the experience of our firm's team in handling criminal cases, the most effective way for families to cooperate is to provide the client's identity information, past medical history, social connections, and favorable circumstances in a truthful manner, handle the entrustment procedures in a timely manner, and prepare the necessary guarantors, bail deposits, or favorable circumstances for bail application according to the lawyer's suggestions, rather than repeatedly inquiring about case details or requesting the transmission of items and messages. The specific scope of information disclosure should be based on the stage of the case, the client's wishes, and current effective laws and regulations, as well as judicial rulings.

IV. Practical suggestions and legal basis

Action list: First, the family members should handle the entrustment procedures as soon as possible and provide the lawyer with the client's identity, health and work information; Second, through the lawyer, they should understand the coercive measures, detention facilities and procedural nodes, and grasp the time schedule; Third, they should prepare the guarantors, bail deposits and favorable circumstances materials required for applying for bail pending trial; Fourth, if they need to make restitution, reach a settlement or deliver daily necessities, they should first confirm the compliant methods with the lawyer; Fifth, they should respect the boundaries of confidentiality and not require the lawyer to disclose the case details or transmit information that may affect the investigation. For matters involving criminal defense and bail pending trial, they can refer to the relevant provisions.Criminal defense and criminal case filingAndSpecial servicesLegal basis: Articles 37, 38, 39, and 67 of the Criminal Procedure Law of the People's Republic of China (amended in 2018), Article 38 of the Lawyers Law of the People's Republic of China, and the provisions on confidentiality and professional discipline in the Code of Conduct for Lawyers. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, family members cannot meet with the detainee directly, and defense lawyers serve as a legal communication bridge. Secondly, lawyers can provide information about the legal process and the detainee's physical condition, but details of the case are subject to confidentiality obligations. Thirdly, meeting with the detainee without being monitored is both a right and a responsibility, and improper information transmission should be avoided. Fourthly, the most effective cooperation from family members is to prepare materials, handle procedures, and communicate rationally. For matters involving criminal defense and bail pending trial, they can proceed through the following channels:Criminal defense and criminal case filingYou can combine the overall solution for services involving property and compliance issues.Special servicesAndBusiness and contract disputes in enterprisesEvaluate them together.

VI. Frequently Asked Questions

Q1: Can family members visit their detained relatives and friends by themselves?

Generally, this is not allowed. During the investigation stage, except for defense lawyers, other individuals wishing to meet with detainees must obtain the permission of the case-handling organ. Family members usually cannot meet with the detainees directly and can only obtain information about the detainees' physical condition, emotional state, and progress of the case through defense lawyers.

Q2: Is the lawyer obliged to inform the family of the case after the meeting?

They are not obliged to provide such information. Lawyers have a duty of confidentiality, and it is generally not appropriate to disclose case details, especially information from the investigation stage, to family members, so as not to hinder the investigation or lead to risks such as collusion in giving evidence or transferring property. When necessary, only general explanations can be given.

Q3: What information can lawyers usually disclose?

The lawyer may inform the client about their physical and emotional condition, the types of coercive measures taken against them, the detention facility, the procedural stage of the case and key time points, as well as any family-related information unrelated to the case and matters requiring the assistance of family members.

Q4: Can family members ask the lawyer to pass on messages or deliver items?

You can inform the lawyer of any non-case-related family information that needs to be conveyed, but you must not use this opportunity to collude with others or pass on information that may affect the investigation. The delivery of daily necessities must comply with the regulations of the detention center. The specific method should be confirmed with the handling lawyer before proceeding with the delivery.

Q5: How long will it take to meet with a lawyer after hiring one?

According to the provisions of the Criminal Procedure Law, if a defense lawyer holds a lawyer's practice certificate, a certificate of the law firm, a power of attorney, or a legal aid letter and requests a meeting, the detention center shall arrange the meeting in a timely manner, and the meeting shall not exceed 48 hours, subject to the specific circumstances of the case.

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 courts may vary, which may affect the conclusions. Welcome to consult Henglue Lawyers about specific situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence, to avoid missing the statutory time limit.Specialised services - legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is 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. If you encounter disputes, please consult a practicing lawyer in time.