[Direct answer]In the Beijing area, after being criminally detained, defendants can appoint defense lawyers to meet with them without needing prior approval from the case-handling organ or waiting for the nature of the case to be determined. According to Article 39 of 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 by presenting their lawyer's practice certificates, law firm letters, and power of attorney documents. The case-handling organ shall arrange such meetings and shall not impose any additional conditions. This means that the right to meet is a fundamental component of the right to defense, which exists from the day of detention. In practice, it is recommended that family members complete the power of attorney process on the day they receive the detention notice, to avoid delaying preliminary work due to waiting for the case-solving process. It should be noted that family members generally cannot directly meet with the detainees, but can only communicate with them through appointed lawyers. For reference:Criminal defense and criminal case filingThe service description in the column.

I. Problem Background and Typical Scenarios

Most of the people who consult this issue are family members who have been notified after criminal detention. There are three common situations: First, after receiving the detention notice, they don't know what to do or who to contact; Second, they worry about the time factor because they've heard that they can only hire a lawyer when the case reaches the review and prosecution stage; Third, they've already hired a lawyer, but the family members don't understand the specific process and order of the lawyer's visit. In practice, there are two common misunderstandings: First, they think they must wait for the case-handling organ to notify them before hiring a lawyer, but in reality, lawyers can accept clients and arrange visits regardless of the progress of the case; Second, they think family members can directly meet with detainees instead of lawyers, but in fact, detainees can only meet with defense lawyers, judges, and staff of the investigation and detention organ. Family visits are an independent system and are different from criminal defense meetings.

II. Key points of contention

First, the completeness of the entrustment procedures, including the power of attorney, the official letter from the law firm, and the practicing certificate. Second, the arrangement of the meeting, including the reservation and time coordination with the detention center. Third, the boundaries of the meeting content. Lawyers can obtain information about the case but cannot give improper instructions. Fourth, whether family members can visit on their own and the differences between meeting with lawyers and visiting family members. Fifth, how to feed back information to family members after the meeting and the confidentiality requirements. Sixth, the arrangement of meetings for cross-border or cross-regional cases. Seventh, how to link the post-meeting bail review with the review of the necessity of detention. For details of the relevant procedures, please refer to the relevant documents.Special services and other casesThe description in the column.

III. Professional analysis by Henglue Law Firm

Take a case handled by Lawyer Yuan Hang from our firm as an example: The client was detained criminally and had his arrest approved for his suspected involvement in contract fraud, with the amount of money involved reaching nearly 200,000 yuan. After learning the news, the client's family immediately engaged a lawyer. After taking on the case, the lawyer did not rush to submit an application for custody review, but first completed the interview, inquiring in detail whether the client had voluntarily surrendered, was willing to plead guilty and accept punishment, and make restitution; what his specific role was in the joint crime; whether he had information about other people involved; and about his family and health conditions. Based on the information obtained from the interview, the lawyer subsequently submitted an application for a review of the necessity of custody, arguing in detail on each point: voluntary surrender, pleading guilty and accepting punishment, making restitution and obtaining understanding, being an accomplice, family hardships, and health crises. Two weeks later, the procuratorial organ agreed to change the coercive measure to bail pending trial. This process shows that the interview is not a formal step, but the source of raw materials for the entire defense plan: without a thorough interview, the bail application and subsequent sentencing opinions will lack factual support. This case was handled by Beijing Henglu Law Firm.Yuan HangThe attorney (practice certificate number: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action recommendations: 1. Contact a lawyer and complete the entrustment procedures on the same day you receive the detention notice. 2. Prepare the lawyer's practice certificate, a letter from the law firm, a power of attorney, and proof of family identity. 3. Familiarize yourself in advance with the appointment process and required timeframes for visiting the detention facility. 4. Arrange for the lawyer to conduct the visit as soon as possible, focusing on verifying the suspected crime, the amount involved, and the facts of the case. 5. After the lawyer's visit, provide family members with necessary information in a timely manner while ensuring the confidentiality of the information. 6. Prepare the materials required for bail pending trial simultaneously, including proof of health status, family circumstances, and ability to make restitution. 7. Clearly define the scope of services and fee arrangements when entrusting the lawyer. Legal basis: Articles 34, 38, and 39 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) regarding the right to appoint a defense attorney and the right to meet with a lawyer; Article 67 of the Criminal Procedure Law of the People's Republic of China regarding bail pending trial; Specific requirements for visiting detention facilities shall follow current regulations.

5. Henglu Law Firm's Reminder

1. The right to meet with detainees exists from the day of their detention, without the need to wait for any preliminary procedures. 2. It is a common misunderstanding that family members can substitute for lawyers in meeting with detainees. 3. Three complete procedures are required for a meeting. Incomplete materials will lead to delays in scheduling, so it is recommended to check them in advance. 4. The content of the meeting should be strictly limited to defense needs. Passing instructions to detainees to collude in giving false testimony or to maintain a unified version of the facts is a violation of regulations. 5. The focus of the first meeting is to comprehensively understand the facts and fix key information. If necessary, multiple meetings should be held. 6. Family members should remain rational and avoid repeatedly contacting detainees to avoid affecting the handling of the case. 7. After the meeting, the work of securing bail and providing defense should be immediately followed up to avoid delays. 8. Arrangements for meetings in cross-border cases may involve additional procedures, which require advance planning and reference materials.\nFinancial capital and cross-border transactions involving foreign entitiesThe compliance arrangements in the column.

VI. Frequently Asked Questions

Q1: After a person is detained, how long will it take to arrange a meeting with a lawyer?

From a legal perspective, lawyers can arrange meetings with clients after accepting their entrustment without the prior approval of the case-handling authorities. In practice, the timing depends on three factors: the speed at which family members complete the entrustment procedures, the channels through which lawyers arrange meetings, and the booking schedule of the detention center. In criminal cases, lawyers' meetings with clients are not subject to the progress of the case, so there is no need to wait for the investigation to be completed. It is recommended to complete the entrustment on the day you receive the detention notice and confirm the specific meeting schedule with your lawyer.

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

Generally, this is not allowed. Detainees can only meet with defense lawyers, trial personnel, and staff of investigation and detention organs. Family visits are a separate system and need to be arranged according to the requirements of the detention center at specified times and locations, which is different from criminal defense meetings. Therefore, if you want to understand the case situation and receive legal guidance through meetings, you should hire a lawyer to do it, rather than trying to arrange meetings on your own.

Q3: What documents do I need to bring for the meeting?

Generally, three materials are required: a lawyer's practice certificate, a letter from the law firm, and a power of attorney signed by the family. In addition, it is recommended to bring the identity of the detained person and basic information about the case for easy verification. The detention center may have other requirements, such as confirming the appointment time and date by phone. If the materials are not complete, the meeting arrangement will be significantly delayed. It is recommended to check with the handling lawyer before departure to ensure that all materials are in place, so as to avoid making multiple trips.

Q4: Can lawyers ask about the details of the case during a meeting?

Lawyers can understand the facts related to the defense of the case, including whether the client admits guilt, the course of the action, the amount involved, the status of the accomplice, the client's health and family situation, etc. Lawyers are not allowed to give instructions to detainees on how to deal with the investigation, collude in giving false testimony, or coordinate their statements. Such actions are illegal and may lead to adverse consequences. The client can truthfully state their situation based on their own judgment, and the lawyer will form a defense opinion based on this.

Q5: Can family members know the progress of the case?

Families can learn about the time and location of detention and the suspected charges, but the specific details of the case and evidence are within the scope of confidentiality of the case-handling authorities and are usually not fully disclosed to families. The main legal channels for understanding the progress of the case are obtaining information through lawyer meetings and inquiring about procedural matters from the case-handling authorities. If families have questions about the progress of the proceedings, it is recommended to communicate through lawyers to avoid repeatedly visiting or making emotional requests that may affect the pace of case handling.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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

Disclaimer: This article is compiled based on 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. If you encounter disputes, please consult a practicing lawyer in time.