[Direct answer]In the Beijing area, during the investigation stage after criminal detention, family members are generally not allowed to visit the detained suspects, and only defense lawyers can legally meet with them. Article 39 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) stipulates that defense lawyers may meet and communicate with detained suspects and defendants, and the meetings shall not be monitored. Although family members cannot meet with them, they can send clothes and deposit living expenses according to the regulations of the detention center, and promptly entrust defense lawyers to understand the case and provide legal assistance. After the case is adjudicated and the execution begins, family members can meet with them in accordance with the visiting management regulations of the prison. Therefore, the key is to entrust professional lawyers to get involved as soon as possible.

1. Problem background and typical scenarios

The most anxious thing for family members is often not being able to see the person or understand the situation. Typical situations include: the whereabouts of the person involved are unknown after they are criminally detained, and the family only receives a notice; the family attempts to visit the detention center on their own but is denied; and they worry that the person involved may be subjected to improper treatment or make unfavorable statements. When handling such matters in the Beijing area, lawyers usually arrange a meeting as soon as possible to verify the detention situation and the facts of the case.Criminal defense and criminal case filingIn business, meetings are the starting point of defense work.

II. Key points of contention

Focus One: Whether family members can meet with the detainee during the investigation stage and the legal basis for such meetings. Focus Two: What procedures and time arrangements are required for lawyers to meet with the detainee. Focus Three: Matters that family members can handle on behalf of the detainee, such as delivering items, depositing money, and entrusting tasks. Focus Four: Approval requirements for meetings in special cases involving national security threats or terrorist activities. Focus Five: How information obtained during meetings can be used for defense purposes. Focus Six: Meeting rules during the execution stage after the verdict takes effect. Focus Seven: Health and rights protection for detainees during their incarceration period.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm advises that timely meetings are the key to seizing the initiative in defense. Taking a case handled by Attorney Shang Jiangpeng of our firm as an example: the client was criminally detained by the public security organ on suspicion of disseminating obscene materials after reposting and publishing several obscene videos on a forum. The lawyer immediately went to the detention center to meet with the client to verify the number of posts, their content, motives, and the process of appearing before the court, confirming that the client did not profit from the act, truthfully confessed after being summoned, and voluntarily pleaded guilty and accepted the punishment. The lawyer conducted the defense from two aspects: first, the threshold for criminalization. According to relevant judicial interpretations, non-profit dissemination of obscene video files requires a certain number to be convicted and punished, but the number in this case was clearly insufficient; second, social danger. The lawyer explained in detail that there was no necessity to continue detaining the client. Based on this, the lawyer submitted a legal opinion on bail pending trial, and the case-handling organ ultimately made a decision to grant bail, allowing the client to regain his freedom. This case was handled by Beijing Henglue Law Firm.Shang JiangpengThe attorney (practice license number: 111012023105807, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action recommendations: 1. After receiving the detention notice, promptly hire a defense lawyer to arrange a meeting; 2. Provide the lawyer with the client's basic information and case clues to facilitate verification; 3. Prepare compliant clothing and deposit living expenses according to the detention center's requirements, subject to the detention center's specific guidelines; 4. Keep the detention notice and related documents safely; 5. Avoid believing in claims that "connections can secure a meeting with authorities" and guard against potential risks. Legal basis: Articles 39, 67, and 91 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) regarding defense lawyer meetings, bail pending trial, and submitting requests for arrest approval after detention. For matters involving the necessity of detention, please refer to relevant provisions.Criminal defense and criminal case filingThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, only lawyers can meet with the detainee legally during the investigation stage, and family members are not allowed to do so. Secondly, the earlier the meeting takes place, the better it is for verifying the facts and fixing favorable circumstances in a timely manner. Thirdly, the power of attorney should be obtained through a regular law firm, and the relevant formalities should be preserved. Fourthly, for special cases, the meeting may require approval, which will take relatively longer time. Fifthly, family members should comply with the regulations of the detention center when delivering items or depositing money. For matters related to the meeting and defense, you can consult with a lawyer.Criminal defense and criminal case filingConsultation. The rules on statute of limitations and evidence shall be subject to the currently effective laws, regulations, and judicial decisions.

VI. Frequently Asked Questions

Q1: Can family members visit the detainee during the period of criminal detention?

Generally, it is not allowed. According to Article 39 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), during the investigation stage, only defense lawyers can meet and communicate with detained criminal suspects. Family members cannot visit them directly, but they can send items and deposit money in accordance with the regulations of the detention center, and promptly entrust lawyers to meet with them to understand the situation.

Q2: What procedures do I need to go through to arrange a meeting with a lawyer?

Generally, the following are required: the client signs a power of attorney and an authorization letter with the lawyer; provides the client's identity proof and proof of kinship with the detained person; and the lawyer goes to the detention center to apply for a meeting with the detainee, holding a lawyer's practice certificate, a certificate of the law firm, and the power of attorney. For general cases, an appointment can be arranged promptly, but for special cases, the permission of the investigative organ may be required.

Q3: What can lawyers do during a meeting?

The lawyer's meeting can verify the detention situation and the facts of the case, explain to the client the suspected charges and legal rights, understand whether there is illegal evidence collection, help the client exercise his right to defense correctly, and prepare materials for bail pending trial, change of coercive measures, etc. The content of the meeting is kept confidential according to law, and the meeting process is not monitored, so it is an important link to grasp the initiative of defense.

Q4: Can family members send things to detainees?

Yes, but it must comply with the regulations of the detention center. Generally, you can send a small amount of compliant clothing and deposit the living expenses according to the regulations. You are not allowed to bring in prohibited items or transmit case information. The specific requirements of different detention centers may vary. It is recommended to consult the detention center first or ask the attorney to assist in confirming the requirements to avoid the items being rejected or causing other problems.

Q5: When can the family members meet after the verdict is announced?

After the judgment takes effect and is implemented, family members can meet with the prisoner in accordance with the visiting management regulations of the prison or the execution site. Usually, they need to provide proof of identity and proof of kinship, and the visit shall be conducted according to the designated time and method. If the prisoner is still detained in the detention center and has not yet been transferred for execution, the visiting rules shall apply to the relevant provisions of the detention center.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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 Shang Jiangpeng·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current laws and regulations and public 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.