[Direct answer]In the Beijing area, there is no legal limit on the number of meetings between lawyers and clients during the investigation phase, but each meeting must be conducted in accordance with the law. According to Article 39 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018 and implemented on January 1, 2019), when defense lawyers request to meet with detained criminal suspects with their lawyer's practice certificates, law firm certificates, and power of attorney or legal aid letters, the detention center shall arrange the meeting promptly, and the meeting shall not exceed 48 hours. For cases involving crimes against national security and terrorist activities, defense lawyers must obtain the permission of the investigating organ to meet with the suspects during the investigation period. In practice, the length of each meeting is often subject to the management regulations of the detention center, which are based on working hours, appointment arrangements, and security precautions. Multiple meetings require separate appointments.
1. Problem background and typical scenarios
The meeting during the investigation stage is the most reliable channel of communication between family members and detainees. Typical scenarios include: the family member is taken away late at night and there is no news after that; the person is detained in a detention center in another city, and the family wants to send money and clothes and understand the suspected crime; the family hears that the conditions inside are poor and wants to verify the physical condition; when the case is about to be reported for arrest, the family wants to hire a lawyer to apply for bail pending trial; and when they are easily deceived by people who promise to use connections to bail out the detainee, many families' first request when hiring a lawyer is to meet first, explain the situation, convey their concern, and then let the lawyer determine the next step. For cases involving economic crimes and official crimes, it can be combined withCriminal defense and criminal case filing servicesCoordination plan.
II. Key points of contention
There are five key points of the controversy. First, whether the number of meetings is limited: the law does not set a cap, but the detention center arranges them according to appointment and security conditions, rather than allowing visits at any time. Second, the nature of the 48-hour time limit: it is the time limit for the detention center to arrange meetings, not the interval between two meetings. Third, permission is required for two types of cases: during the investigation of crimes endangering national security and terrorist activities, meetings must be approved by the investigative organ; for other cases, defense lawyers can request meetings with their clients by presenting their practice certificates, firm certificates, and power of attorney. Fourth, the boundaries of meetings: no items may be passed, and no inducement to collude in evidence may be made. Violations of these rules may result in the suspension of meetings. Fifth, the perception of frequent meetings: necessary meetings are understandable, but repetitive meetings without substantive content may raise regulatory concerns. Those who have doubts about the legality of detention can proceed with further investigation.Criminal defense and criminal case filing servicesFile a complaint and bring charges against someone.
III. Professional analysis by Hengluo Lawyers
Based on practical observations in handling criminal cases, the quality of meetings is more important than the frequency of them. The usual pace of meetings for Hengluo Lawyers is as follows: the first meeting is to confirm the suspected crime, the process of appearing in court, the rights and obligations informed by the investigative organ, and the situation of the confession; the second meeting is held before and after the approval of the arrest, to check the evidence doubts, inform the detainee of the decision not to approve the arrest or the response after the approval; after the case is transferred for review and prosecution, the lawyer will verify the evidence based on the review of the case file and set the tone for the defense strategy. Detention centers in Beijing generally implement an appointment system, and lawyers handling cases in other regions need to arrange their travel in advance. Common mistakes include family members bypassing lawyers to pass messages or mail items to detainees, which may instead cause trouble for the detainees. For clues of excessive detention and torture to obtain confessions, lawyers can file appeals and complaints on behalf of the detainees in accordance with the law. For cross-regional cooperation, lawyers can take advantage of the following channels:Beijing Hengluo Law FirmCriminal defense team.
IV. Practical suggestions and legal basis
The legal basis is Article 34 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018 and implemented on January 1, 2019), which stipulates that "a criminal suspect has the right to appoint a defense attorney from the date of his/her first interrogation or the date of being subject to compulsory measures by the investigative organ"; and Article 39, which stipulates the procedures for meetings, the time limit for arranging meetings within 48 hours, and the permission for two types of cases. The currently effective "Regulations on the Procedures for Handling Criminal Cases by Public Security Organs" provide detailed regulations on the procedures for meetings and the arrangements in detention centers. Practical suggestions: First, handle the entrustment procedures as soon as possible and obtain a lawyer's practice certificate, a certificate from the law firm, and a power of attorney; Second, organize the basic facts of the case and clues indicating innocence or a light sentence before the first meeting; Third, if bail pending trial is involved, grasp the window period from detention to the decision of arrest; Fourth, keep the receipts of the meetings and communication records; Fifth, if any illegal investigative acts are found, file an appeal or complaint through a lawyer in accordance with the law. For related procedural issues, please refer to the relevant provisions.Special services and other case services.
5. Hengluo Law Firm's Advice
During the investigation stage, meeting with the client is a fixed right granted by law. There's no need to use connections to arrange such meetings, and there's almost no limit on the number of meetings. However, each meeting should be used to solve problems rather than simply passing on messages. What family members need to do is to entrust a lawyer as soon as possible, cooperate with the lawyer in preparing materials, and avoid delivering items or believing in bribing officials to secure the client's release. When handling similar cases in the Beijing area, we recommend combining the meetings with bail assessment and detention necessity review to form a continuous defense action. For related procedural issues, please consult us for advice.Special services and other case servicesTeam.
VI. Frequently Asked Questions
Q1: During the investigation stage, how many times can a lawyer meet with their client, and will frequent meetings be rejected?
The current law does not set limits on the number of meetings. Defense lawyers can meet with clients multiple times at each stage of the investigation, review of the prosecution, and trial. In practice, detention centers require advance booking for each meeting according to their working hours and appointment arrangements, and the duration of each meeting is subject to the management regulations of the facility. Whether a meeting is denied depends on whether the formalities are complete, whether the appointment is successful, and whether the case falls into the category requiring prior approval (investigations into crimes endangering national security or terrorist activities). As long as the formalities are legal and the purpose of the meeting is legitimate, regular frequency of meetings will not be restricted; conversely, frequent appointments without substantive content may affect the scheduling of meetings. It is recommended to make good use of meetings at key junctures (before reporting the case to the procuratorate, after the approval of the arrest, and before transferring the case for prosecution).
Q2: What procedures and materials are required for a lawyer to attend a meeting?
According to Article 39 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018 and implemented on January 1, 2019), lawyers must hold three types of materials when meeting with clients: a lawyer's practice certificate, a certificate from the law firm, and a power of attorney or a legal aid letter. Among them, the power of attorney is signed by the family members and the criminal suspect, and the close relatives can also act as the power of attorney on their behalf; for cases that require approval, the investigating organ's approval document is also necessary. The family members should provide the basic information such as the suspect's name, the suspected crime, the detention center, and the suspect's identity information, as well as clues indicating the suspect's innocence or light crime. After all the materials are complete, the lawyer can make an appointment for the meeting with the detention center, and the detention center shall arrange the meeting promptly, but no later than 48 hours.
Q3: How much does it generally cost to hire a lawyer to meet with the client during the investigation stage?
Lawyers' fees are set by the market and determined through negotiation between law firms and clients. They are usually charged in stages (investigation, review and prosecution, trial) or on a per-case basis. The specific amount depends on the complexity of the case, the location of the case, and the workload, and there is no unified standard. Formal fees should be included in the contract, specifying the service stages, meeting arrangements, travel expenses, and refund conditions. It should be noted that promises to spend money to secure someone's release or guarantee their release are often scams. Whether to change the compulsory measures depends solely on the facts of the case and legal procedures. It is recommended to consult several law firms for price comparisons and to verify the lawyers' qualifications to practice law.
Q4: How long does it usually take from handling the entrustment to meeting the client for the first time?
Under the condition that all procedures are in place, after the lawyer requests a meeting, the detention center shall arrange it promptly, and the actual duration shall not exceed 48 hours. The actual duration is affected by factors such as appointment queues, the detention center's work arrangements, and whether it is a case requiring approval. For cases in other regions, travel arrangements also need to be considered. If the meeting cannot be arranged within a reasonable time limit, the lawyer may report the matter to the detention center's procuratorial office or raise objections in accordance with the law. At key stages such as reporting the arrest and approving the arrest, lawyers usually increase the frequency of meetings to verify evidence and convey legal opinions in a timely manner. Families do not need to worry about the 48-hour time limit, as it is the latest time limit rather than a commitment time limit.
Q5: After a family member is detained in criminal custody, what specific steps should the family take?
It is recommended to follow four steps: First, confirm the suspected charges, detention location, and detention period with the case-handling authority as soon as possible, and do not believe in using connections to bail someone out in a panic; Second, immediately hire a professional criminal lawyer, and apply for a meeting with the lawyer based on the lawyer's practice certificate, law firm certificate, and power of attorney to understand the real situation; Third, cooperate with the lawyer to collect evidence of innocence or light punishment, and evaluate the feasibility of bail pending trial and the necessity of detention review; Fourth, maintain regular communication with the lawyer, and make timely decisions at key stages such as approval of arrest, transfer of the case for review and prosecution. Never deliver items on your own, spread case information to the public, or threaten witnesses, as these actions may make the case more passive.
This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.
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. →Specialised services - Legal services·Beijing Hengluo Law Firm
Disclaimer: This article is compiled based on the current effective laws and regulations and public 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 a dispute arises, please consult a practicing lawyer in time.