[Direct answer]In the Beijing area, the meeting is the first step for detainees to understand the case and exercise their right to defense. To verify whether the lawyer has meeting experience, we can proceed from three aspects: First, check whether they are familiar with the meeting procedures, such as submitting a meeting request to the detention center with a lawyer's office certificate, power of attorney, and practice certificate, and understanding the appointment methods, time arrangements, and prohibitive regulations; Second, check their working methods during the meeting, whether they can sort out the facts around the suspected crime, verify the process of being brought to justice, and verify whether there are clues of torture or coercive interrogation; Third, check the output of the meeting, whether they have formed meeting records, bail applications, or legal opinions. Article 39 of the Criminal Procedure Law of the People's Republic of China stipulates that defense lawyers may meet and communicate with detained criminal suspects and defendants. Except for specific cases such as endangering national security and terrorist activities, which require permission, defense lawyers can meet them with relevant procedures and without being monitored.

I. Problem background and typical scenarios

After a relative is detained, one of the most pressing concerns for family members is whether the lawyer can successfully meet with the detainee and what the lawyer can do after the meeting. Typical scenarios include: family members receive recommendations from multiple law firms, all claiming to have extensive experience in meeting with detainees, making it difficult to distinguish between them; lawyers claim to have met with the detainee but fail to explain the content of the meeting or the results of their work; in the case of detention in a different city, family members are unaware of the difficulties and time costs involved in arranging a meeting; and in certain types of cases, meetings are subject to certain restrictions due to the need for approval from the investigating authorities. In Beijing, visiting detention centers generally requires an appointment, and the lawyer's familiarity with the process directly affects the efficiency of their intervention.

II. Key points of contention

First, whether lawyers need permission to meet with clients during the investigation stage, and which cases are subject to restrictions. Second, the procedures for meetings and the booking method, and whether family members can arrange meetings on their behalf. Third, whether there are restrictions on the number and duration of meetings. Fourth, what can be discussed during the meetings and what cannot be discussed, and what compliance obligations lawyers have. Fifth, the role of the meeting transcripts, and whether they can be used as the basis for subsequent defense. Sixth, how to seek remedies when meetings are obstructed, and whether lawyers can file appeals or complaints.

III. Professional analysis by Henglue Lawyers

In the practice of handling criminal cases, Henglue Lawyers usually undertake four tasks during meetings: verifying the identity and detention situation of the defendant, confirming whether there is excessive detention or improper coercive measures; verifying the facts of the case and the defendant's appearance process, judging whether the defendant constitutes a crime and whether the threshold for criminal prosecution has been reached; verifying the legality of the evidence-gathering process, timely detecting clues such as extortion of confessions and inducement of confessions, and fixing them; explaining the rights and obligations of the defendant and the litigation process, alleviating the defendant's tension and misunderstanding. Taking a criminal and civil lawsuit case of intentional homicide represented by our firm as an example: On the night of June 16, 2024, after a dispute between the defendant, Zhang Daqiang, and others at a concrete mixing station, Zhang Daqiang drove his car at a speed of about 60 to 62 kilometers per hour and crashed into the laboratory, causing the death of Zhao Gang on the spot and injuries to Zhang Bin and Li Yuanzheng. The wife of the victim, Zhao Gang, entrusted our lawyers to represent her in the civil lawsuit. Through a comprehensive review of the case file and a point-by-point comparison of the defendant's statements, the lawyers pointed out that the defendant lied to the police after the accident by claiming that the brakes failed and made inconsistent statements before and after the incident, which did not constitute a voluntary surrender. They also put forward systematic opinions on the subjective intent and the definition of the crime. The court ultimately sentenced the defendant to death for intentional homicide. It can be seen that solid verification and analysis capabilities are the key to translating the results of meetings and case file reviews into effective defense. For reference on meetings and bail arrangements, please refer to the following materials:Criminal defense and criminal case filingThis is a column. The case is handled by Beijing Henglu Law Firm.Liu LiqiangThe attorney (practice certificate number: 11101200910454358, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: First, before entrusting a lawyer, ask him/her to explain his/her experience in handling similar cases and the appointment process; Second, provide the client's accurate identity information and the detention facility, so that the lawyer can arrange the meeting; Third, ask the lawyer to feedback the client's detention status, physical condition, and preliminary judgment after the meeting; Fourth, cooperate with the lawyer in preparing materials for bail pending trial, compensation, etc.; Fifth, if the meeting is obstructed, the lawyer should promptly report the situation to the detention center or the on-site procuratorial office. For the entire process of criminal defense, you can refer to the relevant guidelines.Criminal defense and criminal case filingFor the disposal of property involving relatives who have been involved in criminal cases, it can be handled in conjunction with the following aspects:Creditor's rights and debts, and enforcementColumn. Legal basis: Articles 39, 34, and 37 of the Criminal Procedure Law of the People's Republic of China (amended in 2018). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the meeting experience depends on the familiarity with the process and the quality of the work, rather than verbal claims. Secondly, unless it involves specific cases, defense lawyers do not need the permission of the investigative authorities to meet with clients, and their meetings will not be monitored. Thirdly, meetings are an important opportunity to confirm the facts of the case and gather evidence for legal validity, and the earlier the better. Fourthly, family members are not allowed to ask lawyers to pass on information about collusion, otherwise they may be suspected of committing a crime. If you are facing similar problems, you can seek help throughCriminal defense and criminal case filingWe provide a comprehensive solution for services, which can be integrated into emergency response measures.Special services板块。

VI. Frequently Asked Questions

Q1: Do I need the approval of the investigative organ to meet during the investigation phase?

Generally, it's not necessary. According to Article 39 of the Criminal Procedure Law of the People's Republic of China, defense lawyers can meet and communicate with detained criminal suspects and defendants. They can request to meet them with a lawyer's office certificate, a power of attorney, and a practicing certificate, and the meeting will not be monitored. However, for cases involving crimes against national security and terrorist activities, meetings during the investigation period require the permission of the investigating organ, and lawyers should confirm the type of case and arrangements with clients before accepting the case.

Q2: How to determine whether a lawyer has interview experience?

This can be judged from three aspects: Firstly, whether they can clearly explain the meeting procedures, the appointment process, and the specific requirements of the detention center; Secondly, whether they can explain the working methods of the meeting, such as verifying the case process, sorting out the facts, and investigating clues of illegal evidence collection; Thirdly, whether they can provide the results of the meeting, such as the meeting transcript, the application for bail pending trial, or legal opinions after the meeting. If they only verbally emphasize their experience but cannot explain the specific methods, it will be difficult to judge their true level of competence.

Q3: What information can family members obtain after the meeting?

Attorneys may, without affecting the investigation or disclosing information related to the same case, inform the family members about the client's physical condition, emotional state, basic statements about the case, and the attorney's preliminary judgment and stage plan. Regarding the content involving investigation secrets, attorneys have an obligation to keep them confidential and comply with relevant regulations, and cannot fully relay them. Family members should focus on cooperating with attorneys in handling bail, repayment of compensation, and preparing relevant materials.

Q4: What specific work do lawyers do during a meeting?

These typically include verifying the identity and the basis for detention, confirming whether there is excessive detention; verifying the facts of the case, the process of appearing in court, and whether the suspect made a voluntary confession; investigating whether there are circumstances such as extorting confessions by torture or inducing confessions, and fixing clues; explaining the rights and obligations of litigation and the consequences of pleading guilty and accepting the punishment; understanding the living and health needs of the suspect and providing feedback to their families. These tasks form the basis for subsequent bail pending trial, the exclusion of illegal evidence, and courtroom defense.

Q5: What should I do if my meeting request is rejected or delayed?

The defense attorney may submit a written request to the detention center, and if necessary, report it to the on-site procuratorial office or the People's Procuratorate, insisting on arranging a meeting in accordance with the law. At the same time, they should verify whether the case belongs to the type requiring the permission of the investigation organ, or whether there are problems such as incomplete procedures. If it is a case of refusing to meet without a legitimate reason, they may apply for procuratorial supervision in accordance with the law. Family members should keep in communication with lawyers to avoid delaying the opportunity by negotiating with the detention center on their own.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Liu Liqiang·Beijing Henglu 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. In the event of a dispute, please consult a practicing lawyer in a timely manner.