[Direct answer]Meeting can be arranged. According to the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), defense lawyers may meet with detained criminal suspects and defendants with a letter from the law firm, a lawyer's practice certificate, and a power of attorney, and the meeting will not be monitored. In practice, meetings are usually arranged on the same day or the next day of detention, subject to the visiting appointment system of the detention center. It should be noted that the right to meet and the right to apply for bail are different institutional arrangements: the meeting can help understand the basic situation of the case and the client's thoughts, but a full review of the case files is generally not possible until the case is transferred for examination and prosecution. Therefore, after criminal detention, the meeting should be arranged in synchronization with the application for bail, and it is not advisable to wait for the results of the meeting alone. In addition, when discussing the facts of the case during the meeting, the client should pay attention to the obligation of confidentiality and should not relay the details of the case to their family members.
I. Problem background and typical scenarios
The most concerns of family members usually focus on: when they can see the detainee after the arrest, whether the lawyer can find out what exactly the detainee has done, whether they can get the detainee released, and how long it will take to release the detainee. Behind these questions are different legal paths: understanding the situation corresponds to the right to meet with the detainee, striving for non-custodial measures corresponds to bail pending trial, and reviewing all case files corresponds to the right to review the case files after the review of the indictment.Criminal defense and criminal case filingThe advice in the column suggests that entrusting a lawyer as early as possible can advance all three paths simultaneously.
II. Key points of dispute
Focus One: The starting conditions and required documents for the meeting. Focus Two: Whether the content of the meeting can involve case facts and confidentiality boundaries. Focus Three: The sequencing of the meeting and the application for bail pending trial. Focus Four: The calculation of the time limit before applying for arrest after criminal detention. Focus Five: Special meeting regulations for cases involving national security and other special cases. Focus Six: The division of labor and cooperation between family members and lawyers.Special services and other casesThe explanations of procedural matters in the column can be used as a supplementary reference.
III. Professional analysis by Henglue Law Firm
Take a case handled by Attorney Shang Jiangpeng of our firm as an example: The client was detained by the public security organ on suspicion of disseminating obscene materials after reposting and publishing three obscene videos on an online platform. After the client's family retained an attorney, the attorney's approach did not stop at meeting with the client to understand the situation, but advanced simultaneously from two perspectives: first, demonstrating whether the threshold for conviction was met; second, demonstrating whether there was a risk to society. Specifically, in the post-detention stage, the attorney met with the client to understand the details of the case, while quickly sorting out factors such as subjective malice, profit-making, and voluntary surrender, and then submitted a "Legal Opinion on Bail Pending Trial" to the case-handling organ. The case-handling organ ultimately adopted the opinion and made a decision on bail pending trial shortly after the detention, allowing the client to regain freedom. This handling process shows that meeting with the client is a necessary step, but it is only when combined with the application for release that it produces substantive effects.\nFinancial capital and cross-border transactions involving foreign entitiesThe approach to preliminary verification of complex cases in this column is also applicable to criminal cases. This case was handled by Beijing Henglu Law Firm.Shang JiangpengAttorney (Practice Certificate No.: 11101202310580738, subject to the certificate issued by the judicial administrative organ) acting as an agent.
IV. Practical suggestions and legal basis
Action recommendations: 1. After receiving the detention notice, contact a lawyer as soon as possible to formalize the attorney-client relationship. 2. Prepare the three required documents for the meeting with the lawyer. 3. During the meeting, in addition to understanding the case details, gather materials that can prove the absence of a social danger. 4. Submit a bail application to the case-handling authority as soon as possible, accompanied by specific reasons. 5. Monitor the deadline for requesting arrest after detention to avoid missing critical deadlines. 6. Protect the client's privacy and reputation by not posting case details on social media. Legal basis: The Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) regarding the right of defense attorneys to meet with clients, apply for bail, and the detention period. Specific applications shall be subject to the currently effective laws, regulations, and judicial rulings.
5. Henglu Law Firm's Reminder
Firstly, the right to meet with a lawyer is protected by law, but the content of the case facts needs to be kept confidential. Secondly, family members should not attempt to bypass the meeting channels to learn about the details of the case. Thirdly, the meeting with the lawyer and the application for bail should proceed simultaneously. It's often not enough to do only one of them. Fourthly, there is a limited timeframe for applying for arrest after detention, and it's more crucial to seize the key points to apply for bail. Fifthly, don't believe that you can get people released early through irregular channels. Sixthly, if the defendant has special circumstances such as illness, pregnancy, or breastfeeding, they should explain these circumstances when applying for bail.Divorce litigation and family disputesThe pace of handling family affairs in the column can be used as a reference for synchronously arranging other matters.
VI. Frequently Asked Questions
Q1: How long does it take for a lawyer to meet with a client after criminal detention?
Usually, a meeting can be arranged on the same day or the next day of detention, but the actual time depends on the visiting appointment system and supervision arrangements of the detention center. Family members should entrust a lawyer as soon as possible, and the lawyer will submit a meeting application and make an appointment according to the procedures. For the meeting, the lawyer needs to prepare a letter from the law firm, a lawyer's practicing certificate, and an authorization letter signed by the family members or the client. After all three materials are ready, the lawyer will go to handle it. Generally, it's not necessary for the family members to go in person, but they should complete the entrustment procedures in a timely manner.
Q2: What can lawyers ask during a meeting?
Lawyers may meet with detainees to discuss matters such as the facts of the case, the suspected charges, the case-handling procedures, and the detainees' physical conditions, and the case-handling authorities shall not eavesdrop on these meetings. If during the meeting, lawyers discover that the detainees may have been subjected to torture or coercion by investigators to extract confessions or that illegal evidence has been collected, lawyers may file appeals or complaints. It should be noted that during the meeting, the detainees should provide truthful information to assist lawyers in effective defense, and the content related to the facts of the case should be kept confidential and not be disclosed to others.
Q3: Are the meetings and applying for bail pending trial the same thing?
No, the two can be performed concurrently as different tasks. Meeting with the client is a statutory right of the defense attorney, aimed at understanding the situation and providing legal assistance; bail pending trial is a change in compulsory measures, which requires applying to the case-handling organ and stating the reasons. The usual practice is to first grasp the basic situation of the case and the client's physical condition through the meeting, and then quickly form the application for bail pending trial based on this. It should be noted that a full review of the case file can generally only be conducted after the case is transferred for review and prosecution, so the information during the detention stage is relatively limited. The application reasons need to be constructed based on the content of the meeting and external materials.
Q4: What is the maximum length of time after detention before an arrest can be made?
Generally, the public security organ submits the case to the people's procuratorate for review and approval of the arrest. In practice, there are corresponding review period restrictions for ordinary cases. For the part that exceeds the statutory detention period but no decision has been made, the parties concerned and their families may request immediate release and timely notify the people's procuratorate. Lawyers should remind the case-handling organ to make a decision within the time limit as early as possible after the detention, and reflect the situation to the people's procuratorate when necessary. It should be noted that the time limit for cases involving special circumstances may be different, and it should be judged specifically according to the crime name of the case.
Q5: What can family members do besides attending the meeting?
The work of family members mainly focuses on three aspects: Firstly, assisting in verifying the objective facts related to the case, such as the course of events, the location, the people present, and the timeline; Secondly, organizing materials that may not be related to the case or are conducive to proving that the defendant is a first-time or occasional offender, and admitting guilt and showing remorse; Thirdly, preparing guarantee methods for applying for bail pending trial, such as providing proof of residence and guarantee materials. It should be noted that the materials provided by family members may become evidence in the case file, and they should consult with lawyers before submitting them to avoid adverse effects due to improper expressions.
The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm 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 Shang Jiangpeng·Beijing Henglu Law Firm
Disclaimer: This article is compiled based on the current effective 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.