[Direct answer]In the Beijing area, the Criminal Procedure Law does not set a limit on the number of meetings between defense lawyers and their clients, only requiring the detention center to arrange such meetings in a timely manner and no later than 48 hours. Defense lawyers can request to meet with detained criminal suspects and defendants by presenting their lawyer's practice certificates, proof of their law firms, and power of attorney (or legal aid letters). For special cases such as those involving crimes endangering national security and terrorist activities, meetings during the investigation period must be approved by the investigating authorities. Lawyer-client meetings are not subject to wiretapping. From the date the case is transferred for review and prosecution, lawyers can verify relevant evidence with the criminal suspects and defendants. In practice, lawyers often meet with their clients multiple times at different stages, with the timing subject to the detention center's arrangements and the needs of the case. For more details, please refer to the following link:Criminal defense and legal services for criminal case filing.
1. Problem background and typical scenarios
After receiving the detention notice, the most common questions from family members are: when can the lawyer meet the detainee, how many times can they meet, and how much does it cost per meeting. Some people worry that the detention center won't allow the meeting, others have heard that waiting for a meeting can take a long time, and some who are detained in other cities are more concerned about making appointments and travel arrangements. The meeting is the starting point of the defense work — without understanding the detainee's condition and the details of the case, it's impossible to discuss bail, defense opinions, and other matters. For specific procedures, please refer to the relevant guidelines.Criminal defense and legal services for criminal case filing.
II. Key points of contention
The focus is on four points. Firstly, the legal basis: Attorneys providing defense services through entrustment or legal aid are entitled to statutory rights to meet and communicate with clients. They can request such meetings with three certificates, and generally do not need the approval of the case-handling authority for ordinary cases. Secondly, the restrictions: In special cases such as those involving crimes endangering national security or terrorist activities, meetings during the investigation period must be approved by the investigative authority (before the 2018 amendment, this also included particularly serious bribery crimes, which are now under the jurisdiction of the supervision authority). Thirdly, the frequency issue: The law does not limit the number of meetings, but is subject to practical constraints such as the booking quota of the detention center, work arrangements, and the status of detainees. Fourthly, the differences in stages: The investigation stage focuses on understanding the case and providing advice, while evidence verification can only be conducted after the case is transferred for review and prosecution. In Beijing, detention centers generally arrange meetings according to the booking system.
III. Professional analysis by Henglue Lawyers
The case of L*, who was represented by Attorney Shang Jiangpeng for the crime of concealing and disguising the proceeds of crime, demonstrated the value of timely meetings with lawyers. After L* was detained by the Xicheng Branch of the Beijing Municipal Public Security Bureau on suspicion of this crime and held in the Xicheng Detention Center, the family immediately entrusted Attorney Shang Jiangpeng to act as the defense attorney. After accepting the case, the lawyer promptly arranged a meeting to comprehensively verify the details of the case, clarify the entire process of fund transactions, sort out the key facts such as the defendant's subjective cognition, objective behavior, and appearance in court, and conduct a systematic analysis of the nature of the crime, constituting elements, sentencing circumstances, and the necessity of detention in accordance with judicial interpretations and criminal law provisions. The lawyer then promptly submitted an application for bail pending trial. Firstly, L* only kept the money on behalf of his younger brother and had no access to information about the upstream crime. According to the comprehensive review and judgment rules in Article 2 of the Judicial Interpretation No. [2025] 13, it is difficult to meet the standard of proof of knowing the crime. Secondly, even if it is determined that the defendant committed the crime, his truthful confession after appearing in court constitutes a confession. Thirdly, as a first-time offender with a small amount of money involved and the funds having been returned or being in a recoverable state, he can be exempted from criminal punishment if he conceals and disguises the proceeds of crime for his close relatives, admits his guilt and actively cooperates with the recovery of funds, and the circumstances are minor. Fourthly, he meets the conditions for bail pending trial and complies with the criminal justice policy of minimizing arrests, prosecutions, and detention. The case handling authority adopted the defense opinion and changed the coercive measure for L* to bail pending trial. In this case, the lawyer promptly intervened within the golden 37-day period of the investigation stage and completed the verification of key facts in the first meeting, laying the foundation for subsequent applications. The case was handled by Beijing Henglu Law Firm.Shang Jiang PengThe attorney (practice certificate number: 11101202310580738, subject to the certificate issued by the judicial administrative organ) acts as the agent.
IV. Practical suggestions and legal basis
The legal basis includes Article 39 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) (Defense lawyers may meet and communicate with detained criminal suspects and defendants; if they hold the three certificates and request a meeting, the detention center shall arrange it promptly and no later than 48 hours; for cases involving crimes against national security and terrorist activities, the meeting shall be subject to the permission of the investigating organ; the meeting shall not be monitored; and evidence may be verified from the date of transfer for examination and prosecution), and Article 67 (Conditions for applying for bail pending trial). Action list: 1. Family members should sign a power of attorney with the law firm as soon as possible; 2. The lawyer should submit the three certificates to the detention center to book a meeting; 3. Before the first meeting, organize the client's identity, health, family situation, and factual timeline; 4. For special cases during the investigation period, apply for permission first and then book a meeting; 5. If there are unjustified delays or no arrangements for meetings, report the matter to the on-site procuratorial office or file a complaint or accusation in accordance with the law. For details, please refer to the following link:Criminal defense and legal services for criminal case filing.
5. Henglu Law Firm's Reminder
The pace of the meetings follows the legal process: early and frequent meetings during the investigation stage, evidence verification with questions during the review and prosecution stage, and communication about the defense plan during the trial stage. Don't expect to solve all problems in one meeting, and there's no need to visit detainees too frequently to disturb their emotions. Meetings in detention centers in Beijing are subject to appointment and quota restrictions. It is recommended to plan your trip in advance, make a list of questions to ask in each meeting, and seek advice when necessaryBeijing Henglu Law FirmA professional lawyer.
VI. Frequently Asked Questions
Q1: Even if a lawyer meets with the client several times, can they guarantee that the client will be released?
There's no guarantee. The meeting is a defense method. Whether the defendant can be granted bail pending trial, not be prosecuted, or receive a light punishment depends on the facts of the case, the evidence, the assessment of social danger, and the application of the law. Through the meeting, lawyers verify the facts of the case and provide legal opinions, which helps the case-handling authorities comprehensively grasp the circumstances favorable to the defendant. However, the decision-making power lies with the case-handling authorities, and no lawyer can unilaterally guarantee the outcome.
Q2: If the family members want to arrange for a lawyer to meet with the detainee, what procedures do they need to follow?
Three steps: First, the close relatives sign a power of attorney with the law firm and submit the authorization letter; Second, the lawyer submits the lawyer's practice certificate, the law firm's certificate, and the power of attorney (legal aid letter) to the detention center to apply for a meeting; Third, meet with the detainee at the appointed time by the detention center. For special cases during the investigation period, it is necessary to obtain the permission of the investigating organ first. If all the procedures are complete, the detention center shall arrange the meeting in a timely manner, and the meeting shall be completed no later than 48 hours.
Q3: How much does it cost to meet once, and who will bear the expenses?
The attorney's fees are determined through negotiation between the two parties, with no unified government pricing. They are typically charged based on the number of meetings or the stage of the defense, subject to the specific provisions of the contract. Travel expenses are borne as agreed. It should be noted that attorneys' fees must be clearly priced, a written contract must be signed, and an invoice must be issued. Criminal litigation cases are not subject to contingency fee arrangements. It is recommended to clarify the number of meetings, travel expenses, and refund rules before signing the contract.
Q4: How long does it take from placing an order to meeting the person for the first time?
For cases with complete procedures, the detention center shall arrange a meeting in a timely manner, no later than 48 hours; the actual time is subject to the number of appointments and the progress of the case-handling authority, and the meeting can generally be held within a few days. For special cases such as those suspected of crimes endangering national security and terrorist activities, permission from the investigating authority is required during the investigation period, and the time depends on the progress of the permission. It is recommended to entrust a lawyer as soon as possible to leave a window for defense.
Q5: What should family members do before and after the meeting?
Firstly, sort out the basic information of the parties involved and the timeline of the case facts and hand them over to the lawyer; Secondly, convey your family situation through the lawyer instead of passing items or notes on your own; Thirdly, prepare the materials for bail conditions such as returning the illicit gains and compensation, and the guarantor's deposit according to the lawyer's guidance; Fourthly, maintain a regular communication with the lawyer to keep informed of the decisions and next steps; Fifthly, stay vigilant against the claims of bribing officials or using connections to handle cases, and safeguard your rights according to the law.
The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm for specific cases.
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. If you encounter disputes, please consult a practicing lawyer in time.