[Direct answer]In the Beijing area, defense lawyers can meet with detained criminal suspects and defendants by presenting their lawyer's practice certificates, law firm certificates, and power of attorney or legal aid letters. The detention centers shall arrange the meetings in a timely manner, and the time limit shall not exceed 48 hours. According to Article 39 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), lawyers' meetings during the investigation period are not subject to wiretapping; for cases involving crimes against national security and terrorist activities, lawyers' meetings during the investigation period require the permission of the investigative organ. It should also be noted that lawyers generally cannot meet with individuals detained by the supervisory organ during the detention period. Families should handle the entrustment procedures as soon as possible so that lawyers can meet with them and understand the situation at the earliest. For referenceCriminal defenseColumn.

1. Problem background and typical scenarios

Such needs are commonly encountered in several situations: First, when a family member is suddenly taken away by the public security authorities, the family members do not know what they are suspected of or where they are detained, and hope that the lawyer can meet with them as soon as possible to verify the situation; Second, after the suspect is detained in criminal detention, the family members hope to convey reasonable matters at home and inform them of their litigation rights; Third, when the case enters the review and prosecution or trial stage, the lawyer needs to meet with them to communicate the defense plan; Fourth, when applying for bail pending trial, it is necessary to meet with them first to understand the case situation and the detention performance; Fifth, when the suspect is subject to detention measures for suspected duty-related crimes, the family members consult the lawyer about whether they can meet with them. Detention centers in Beijing generally implement an appointment meeting mechanism, and the specific arrangements shall be subject to the announcements and requirements of the detention centers. For the entire process of criminal defense, you can refer to it.Criminal defenseColumn.

II. Key points of contention

The common questions focus on several points: First, whether all the procedures are complete. Three certificates are indispensable, and the entrustment procedures should be handled by close relatives with a proof of relationship; Second, the timing of the meeting. The meeting can be held during the investigation stage, and 48 hours is the upper limit arranged by the detention center; Third, the scope of the meeting. For crimes endangering national security and terrorist activities, the meeting during the investigation period must be approved by the investigating organ, and lawyers cannot meet during the period of supervision detention; Fourth, the boundaries of the meeting content. Lawyers can understand the suspected charges and case circumstances and provide legal advice, but they are not allowed to help transmit letters, items, or interfere with testimony; Fifth, when there are multiple suspects in the same case, one lawyer cannot defend more than two suspects in the same case at the same time; Sixth, the confidentiality of the meeting. Lawyers' meetings are not monitored, and the content of the conversation is kept confidential in accordance with the law. Specifically, the current effective laws and regulations and the requirements of the case-handling authorities shall prevail.

III. Professional analysis by Henglue Lawyers

Based on the practical experience of lawyers handling criminal cases at our firm, there are three most important things that family members need to do. First, appoint a lawyer as soon as possible: According to Article 34 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), suspects have the right to appoint a defense lawyer from the day they are first interrogated or subjected to compulsory measures by the investigative organ. The earlier a lawyer is hired during the investigation stage, the better they can inform the suspect of their rights, stabilize their emotions, and assess the possibility of bail. Second, prepare all necessary materials: When appointing a lawyer, family members need to provide their ID cards and proof of their close kinship with the detained person (such as household registration books and marriage certificates), so that the lawyer can handle the formalities at the law firm accordingly. The suspect can also appoint a lawyer on their own after being subjected to compulsory measures. Third, respect professional boundaries: During the lawyer's visit, the lawyer will understand the case situation, verify the legality of the compulsory measures, and provide legal advice. Family members should avoid asking the lawyer to pass on case information to third parties or inquire about "connections". Such actions may not only affect the defense but also constitute a violation of the law. In Beijing, the visiting process in detention centers is standardized. Lawyers can handle the visit with an appointment certificate and three certificates, and generally do not need family members to accompany them.

IV. Practical suggestions and legal basis

Action recommendations: First, confirm the detention location, which can be done through notifications from the case-handling authorities or with the assistance of a lawyer; Second, handle the entrustment procedures as soon as possible. Immediate family members should bring their ID cards and proof of kinship to the law firm to sign a power of attorney; Third, lawyers should visit the detainee with three certificates. During the first visit, they should focus on understanding the suspected crime, the interrogation situation, and the detainee's physical condition, and inform them of their litigation rights; Fourth, if eligible, apply for bail or a review of the necessity of detention in a timely manner; Fifth, family members should not deliver items, send messages, or entrust so-called "intermediaries" to inquire about the case on their own. In terms of legal basis, Article 39 of the Criminal Procedure Law of the People's Republic of China stipulates the procedures for visiting detainees, the 48-hour arrangement, the prohibition of monitoring during visits, and the scope of cases allowed for visits; Article 34 stipulates the time point for entrusting defense; The Supervision Law of the People's Republic of China (adopted on March 20, 2018 and amended thereafter, with the current effective version prevailing) stipulates the detention measures, and the issues regarding lawyers' visits during detention shall be subject to the relevant provisions of the supervision authorities. For related procedures, please refer to the relevant documents.Special services and other casesColumn.

5. Henglue Law Firm's Reminder

Risk Warning: Firstly, the investigation stage is a critical window for evidence collection and rights protection. Delaying the meeting may result in missing the opportunity to obtain bail; Secondly, family members passing on items and letters to detainees violates the regulations of the detention center, which may implicate lawyers and themselves; Thirdly, believing in the rhetoric of "spending money to bail people out" is very likely to fall into fraud. There are no shortcuts in criminal procedures; Fourthly, when entrusting a lawyer, verify the lawyer's practice certificate and the law firm's qualifications, and sign a formal entrustment contract. If a family member is subject to compulsory measures, it is recommended to consult a lawyer as soon as possible.Beijing Henglu Law FirmOn the official website, similar columns are handled by criminal law professionals.

VI. Frequently Asked Questions

Q1: What role do lawyers' meetings play?

The meeting can verify the suspected charges and coercive measures, inform the suspect of their litigation rights, provide legal advice, convey reasonable family matters, and assess the possibility of applying for bail pending trial or conducting a necessity review of detention. The meeting during the investigation stage is particularly important, as it can promptly identify problems in the interrogation process and lay a foundation for subsequent defense. However, lawyers cannot promise results, and the meeting is not used to convey information related to the case.

Q2: What should be provided when family members entrust a lawyer to meet with the detainee?

The family members need to provide their own ID cards, proof of their close relative relationship with the detained person (such as household registration books, marriage certificates, etc.), and sign a power of attorney; lawyers can arrange meetings with the detained person upon presenting their lawyer's practice certificates, proof of their law firms, and power of attorney or legal aid letters. If the client is not a close relative, the detention center may not arrange the meeting, so it is safest for close relatives such as spouses, parents, children, and siblings to handle the matter on their behalf.

Q3: How much does it cost to have a meeting?

The fees are determined through negotiation between the law firm and the client. Common charging methods include charging per case or charging a fixed amount for each stage of investigation, review and prosecution, and trial. In Beijing, the fees are set by the market and there is no unified standard. Meetings at the detention center do not incur any fees, and the expenses are covered by the lawyer's service fees. It is recommended to sign a written power of attorney contract, which clearly defines the scope of each stage, the number of meetings, and the payment method, to avoid verbal agreements.

Q4: How long does it take for a lawyer to meet with a client?

According to Article 39 of the Criminal Procedure Law of the People's Republic of China, the detention center shall arrange a meeting in a timely manner, and the time limit shall not exceed 48 hours. In practice, if all the formalities are completed and the appointment is made, the meeting can usually be held on the same day or the next day; for crimes endangering national security and terrorist activities, the investigation period requires the permission of the investigating organ, and the time will be extended. During the period of supervision and detention, lawyers cannot meet with the detainees, and the meeting will be arranged after the procedure is converted.

Q5: What should you do first after your family member is detained by the police for criminal investigation?

The first step is to verify the reasons for detention and the detention facility with the case-handling organ and receive the detention notice. The second step is to have a criminal lawyer appointed by close relatives as soon as possible, and hold the first meeting within 48 hours with the three certificates. The third step is to evaluate the application for bail based on the situation of the meeting. The fourth step is for the family not to send items, pass messages, or use connections to avoid interfering with the case-handling. The fifth step is to determine the defense plan for each stage with the lawyer, which can be used as a reference.Criminal defenseColumn.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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. →Specialised services - Legal services·Beijing Henglue Law Firm

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