[Direct answer]In the Beijing area, meetings are of great importance and serve as the core channel for detainees to obtain legal assistance. According to Article 39 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), when defense lawyers request to meet with detained criminal suspects with their lawyer's practice certificates, certificates of law firms, and power of attorney documents, the detention center shall arrange the meeting promptly, and the time limit shall not exceed 48 hours. For cases involving crimes against national security, terrorist activities, or particularly serious bribery offenses, meetings during the investigation period require the approval of the investigative organ. Through such meetings, lawyers can verify the charges and case facts, inform the suspects of their rights, help them manage their emotions, and investigate any illegal interrogation practices. It is crucial to arrange the first meeting as soon as possible after the suspect is detained, and the following guidelines can be referred to for reference:Criminal defenseColumn.

I. Problem Background and Typical Scenarios

Such problems often arise in several situations: First, after a family member is detained, the family has no news of him/her at all. The family can neither see the person nor understand the specific circumstances of the alleged crime; Second, the detainee faces interrogation alone and makes statements that are unfavorable to himself/herself because he/she does not understand the law; Third, he/she only receives the charge list on the detention notice, and does not understand the nature and severity of the act; Fourth, the family hesitates between hiring a lawyer and entrusting acquaintances, thereby delaying the opportunity for a meeting; Fifth, the detainee has special circumstances such as illness, which require verification of whether the detention facility is aware of them. When handling similar cases in the Beijing area, lawyers usually apply for a meeting with the detainee immediately after completing the entrustment process, and regard the first meeting as the first step in formulating a defense plan.

II. Key points of contention

Focus One: The right to meet with a lawyer is a statutory right. The detention center should arrange the meeting promptly and no later than 48 hours after the detention. Delays in arranging the meeting can be negotiated with the authorities. Focus Two: For cases in the investigation stage, meetings with lawyers require the permission of the investigative organ. For other cases, three certificates are sufficient. Focus Three: The scope of the meeting includes understanding the case details, providing legal advice, informing the client of their rights and obligations, and verifying the legality of the interrogation and the client's physical condition. Focus Four: Lawyer-client meetings are not subject to wiretapping, and the confidentiality of communication and meetings is protected by law. Focus Five: Lawyers can only convey limited information that does not affect the investigation to family members. Family members should be cautious when inquiring about details. Focus Six: The frequency and timing of meetings: multiple meetings during the investigation stage are better than a single perfunctory meeting. Specific requirements shall be subject to the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Law Firm

Taking the two cases handled by our firm as examples, it can be seen that the meeting is the starting point of the defense rather than a formality. In a case of disseminating obscene materials, the lawyer went to the detention center to meet with C immediately to verify the number of posts, content, motives, and the process of appearing in court. It was confirmed that C was a first-time offender, appeared in court as summoned, confessed truthfully, admitted guilt and was punished without profit-making. It was based on these details obtained from the meeting that the lawyer was able to write the opinion letter from the perspectives of both the threshold of criminal liability and the lack of social danger, and ultimately secured bail for C within about a month after his criminal detention. In another case of endangering precious and endangered wild animals, the lawyer went to the detention center to meet with W on the same day he accepted the case, comprehensively reviewed the source and rearing process of the parrot, and confirmed that the parrot was a free gift from a customer and that the client had been publicly keeping it as an ordinary pet for a long time. On this basis, the lawyer established the defense strategy that the gift did not constitute purchasing and that the client did not have subjective knowledge of the illegal act. It only took seven days from criminal detention to securing bail and release. The key details of both cases came from the first meeting. Without the meeting, there would be no accurate defense plan and convincing argument for securing bail. This case was handled by Beijing Henglu Law Firm.Shang JiangpengAttorney (practice license number: 11101202310580738, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

Action recommendations: 1. Immediately provide the lawyer with the detention notice, proof of kinship, and known case clues after entrusting them, to facilitate a targeted first meeting; 2. During the first meeting, focus on verifying the suspected crime, main facts, number and content of interrogations, physical condition, and whether the client admits guilt and accepts the punishment; 3. Family members should not pass on information about the same case to the client or demand a unified statement. The lawyer will also point out the risks during the meeting; 4. After the meeting, develop a plan as soon as possible. For those who need bail, submit the application and opinions on non-arrest at the same time; 5. Maintain frequent communication with the lawyer, and arrange meetings at important junctures such as before and after the decision on arrest. Legal basis: Article 39 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) stipulates the time limit for arranging meetings and the permission requirements for three types of cases; Article 37 stipulates the duties of defense attorneys; Article 34 stipulates the starting point of entrusting defense; and Article 56 stipulates the rules for excluding illegal evidence. For key points of relevant documents, please refer to the following sources:Special services and other casesColumn.

5. Henglu Law Firm's Advice

Risk warning: Firstly, the client is in an information isolation situation, and it is most likely that they will make unfavorable statements or sign documents carelessly under stress and misunderstandings when they do not meet with a lawyer; Secondly, family members should not inquire about the case on their own or collude with other suspects in the same case. The only legal channel for obtaining information is through meetings with a lawyer; Thirdly, if the meeting arrangement exceeds 48 hours, the lawyer may legally negotiate and urge the authorities to proceed with the meeting; Fourthly, the limited information obtained during the meeting must not be used to interfere with the investigation, and family members should refrain from spreading the information. It is recommended that family members appoint a lawyer and arrange a meeting with the lawyer as soon as possible after the detainee is taken into criminal custody. For more information, please consult...Beijing Henglu Law FirmPlease refer to the similar columns on the official website to understand the process.

VI. Frequently Asked Questions

Q1: How long does a lawyer's meeting usually last?

A single meeting usually lasts one to two hours, depending on the complexity of the case and the arrangements of the detention center. There are usually more than one meeting during the investigation stage. The first meeting focuses on verifying the charges, facts, and the legality of the interrogation, and the subsequent meetings focus on the application for bail, the explanation of the confession and punishment, and the advancement of the defense plan. At important junctures such as the review and approval of the arrest and before the decision on the arrest, it is advisable to arrange meetings to form continuous communication and assistance.

Q2: Can family members attend the meeting with the lawyer?

No. According to Article 39 of the Criminal Procedure Law, during the investigation stage, only defense lawyers can meet with detained criminal suspects. Family members are not among the individuals who can meet with them, and detention centers do not accept visits from family members. The role of family members is to handle the entrustment procedures, provide materials and background information, and convey necessary greetings and arrangements through lawyers. They should not attempt to use connections to enter detention centers or find people to pass on messages privately.

Q3: Can the lawyer tell the family about the case after the meeting?

The information can be selectively conveyed. Lawyers will inform the family of the basic information such as the suspected charges, the stage of the case, the physical and emotional condition of the client, and the next arrangements, but they will not elaborate on the content involving investigation secrets, which may affect the bail or the risk of being identified as giving false testimony. This is a dual need for professional norms and protecting clients. Families should understand this and avoid asking for details before inquiring and spreading the information on their own.

Q4: When is the best time to arrange the first meeting after being detained in custody?

The sooner the better. Once the entrustment is completed, the application should be submitted immediately. According to Article 39, the detention center shall arrange it in a timely manner, and the time limit shall not exceed 48 hours. Early meetings not only enable the client to obtain legal help as soon as possible and avoid making unfavorable statements, but also give lawyers time to grasp the case situation and submit opinions before the review and approval of the arrest. In the aforementioned case, the lawyer secured bail for the client within seven days after the meeting on the same day, and the speed directly affected the utilization efficiency of the window service.

Q5: What is the actual role of a lawyer's meeting?

The role of the lawyer's interview runs throughout the entire process: First, it informs the client of their rights and procedures to prevent them from suffering losses due to their lack of legal knowledge; Second, it verifies the charges, facts, and the process of appearing in court to fix favorable circumstances for bail and defense; Third, it investigates illegal situations such as coercive interrogation, and initiates appeals and the exclusion of illegal evidence when necessary; Fourth, it provides psychological counseling to stabilize the client's emotions and cooperate with the case; Fifth, it conveys the concerns of family members and living arrangements. All subsequent defense strategies are based on the facts verified during the interview, and can be referenced accordingly.Criminal defenseColumn.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication guidelines 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, 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 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. If you encounter disputes, please consult a practicing lawyer in time.