[Direct answer]Yes. According to Article 34 of the Criminal Procedure Law, a criminal suspect has the right to appoint a defense attorney from the date of his/her first interrogation or the adoption of coercive measures by the investigative organ. During the investigation, the suspect can only appoint a lawyer; if the suspect is detained, his/her near relatives can also appoint a lawyer on his/her behalf. If the lawyer requests a meeting with the suspect by presenting his/her practicing certificate, the law firm's certificate, and the power of attorney, the detention center shall arrange it in a timely manner and no later than 48 hours (Article 39). The meeting shall not be monitored. During the meeting, the lawyer can learn about the suspected crime and the case circumstances, provide legal assistance, convey the concerns of the family, and evaluate the conditions for bail pending trial. Beijing Henglu Law FirmCriminal defense teamWe can arrange a meeting as soon as possible after accepting the commission.

I. Legal basis and interpretation of provisions

1. Article 34 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018)

The article stipulates the starting point of entrusting defense: the date of the first interrogation or the date of taking compulsory measures. The legislative purpose is to enable the parties to obtain professional legal help at the early stage of the investigation and avoid making unfavorable statements due to lack of legal knowledge. During the investigation, only lawyers can be entrusted, which means that at this time, the family members entrust the lawyers who are most capable of immediate intervention; if the criminal suspects or defendants are in custody, they can be entrusted by their guardians or close relatives. After accepting the entrustment, the lawyers shall promptly inform the case-handling organs.

2. Article 39 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018)

The right to meet clause clearly stipulates that if a lawyer requests to meet a detained criminal suspect with a practice certificate, a law firm certificate, and a power of attorney, the detention center shall arrange it in a timely manner and no later than 48 hours. During the investigation of crimes endangering national security and terrorist activities, the meeting must be approved by the investigating organ. The meeting will not be monitored, and lawyers can learn about the relevant circumstances of the case, provide legal advice, and file appeals and complaints on behalf of the detained parties. This is the most important channel of communication between detained parties and the outside world.

3. Practical judicial interpretation (meeting arrangements and boundaries)

In practice, detention centers usually arrange meetings within a maximum of 48 hours. When the investigative stage involves heavy workloads, lawyers typically conduct multiple meetings to follow up on bail applications, arrest warrants, and other key stages. There are legal boundaries for these meetings: lawyers are not allowed to assist in colluding to fabricate evidence or destroy evidence, and family members should not use the meetings to convey case information. The most common pitfalls include family members going to the detention center on their own and being denied meetings, or trusting "intermediaries" to arrange meetings only to be scammed. The standard practice is for lawyers to conduct meetings after obtaining formal authorization and presenting three certificates.

II. Henglue Law Firm's Real Cases (Detailed Review)

Review of the case:On August 25, 2024, H * was criminally detained on suspicion of illegally absorbing public deposits. His family was very anxious and immediately entrusted the Beijing Henglu Law Firm to handle the case.Yuan HangAttorney. The attorney learned during the meeting that H * also invested a large sum of more than 100,000 yuan in financial management during his tenure at Company A, and he himself was also a victim. He did not know that the basic facts of the case were suspected of being illegal, and he had no criminal intent. He was just a low-level salesperson with limited influence. His family has cooperated in refunding all the salaries and income of 200,000 yuan.

The focus of the controversy:First, whether H * meets the statutory conditions for bail pending trial; second, whether his subjective malice and the extent of his involvement can justify not approving his arrest; third, the impact of restitution and the victim's identity on the determination of social harmfulness.

Our position and the position of the other party are as follows:One of the parties claimed that he/she was unaware of the situation, played a minor role, and had already made restitution, and requested bail pending trial. The case-handling organ detained him/her on suspicion of illegally absorbing public deposits and reviewed whether to approve the arrest warrant.

Attorney's Strategy and Legal Opinion:Attorney Yuan Hang submitted an application for refusing to approve the arrest, explaining it from seven aspects: the family has completed the compensation of 200,000 yuan; the applicant is a victim who has long believed in the propaganda; he has a minor role, does not know the main business operation, and does not participate in the propaganda; his children are young and need family care; he has always behaved well; he has a fixed residence and can provide a guarantor or a deposit; and the refusal to approve the arrest in this case will not lead to social danger.

The court's reasoning and case handling results:The case-handling organ adopted the legal opinion and, in accordance with Article 67 Paragraph 1 Item 2 of the Criminal Procedure Law, granted bail to H* during the detention period. He regained his freedom and was reunited with his family before the expiration of the 30-day detention period. This case demonstrates that promptly hiring a lawyer and arranging a meeting with the lawyer is a crucial prerequisite for avoiding being approved for arrest and obtaining bail during the detention period.

This case is handled by Beijing Henglu Law Firm.Yuan HangAttorney (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acting as an agent.

III. Frequently Asked Questions

Q1: Can family members visit the detention center on their own?

It is not allowed during the investigation stage. Detainees can only meet with their appointed lawyers during the investigation, and family members can generally meet them after the judgment takes effect and is executed. Family members can transfer clothes and deposit a small amount of money according to the regulations of the detention center, and entrust lawyers to meet with them to understand the situation. It is not allowed to impersonate close relatives or seek "connections" to meet them illegally, and it may even involve violations of the law. The correct approach is to promptly handle the lawyer's entrustment procedures.

Q2: What can a lawyer accomplish in one meeting?

Verify the alleged charges and the suspect's appearance in court, understand the interrogation situation and the defendant's statements; provide legal advice, inform the suspect of their litigation rights and procedures; convey the family's concerns and understand their living needs; evaluate the evidence and assess the social danger, preparing for bail pending trial and applications for refusing to approve arrest. The first meeting contains the most information, so it is recommended to arrange it as soon as possible after entrusting the lawyer. Subsequent meetings will be held at key stages such as the approval of arrest and the review and prosecution of the case.

Q3: How much does it cost to hire a lawyer for a meeting?

The fees are charged on a per-stage or per-session basis, and are subject to the government's guidance price management; the cost of arranging a meeting alone is usually lower than that of a full-stage entrustment, but a single meeting is difficult to cover substantive defense needs such as bail application. According to Article 12 of the "Measures for the Administration of Lawyers' Service Fees", risk-based fees are prohibited in criminal cases. It is recommended to evaluate the case after a face-to-face consultation, and then plan the fees overall according to the investigation, review and prosecution, and trial stages, and sign a written contract.

Q4: How long will it take for the lawyer to meet with the client?

According to Article 39 of the Criminal Procedure Law, if a lawyer requests a meeting with a detainee and holds the three certificates required by law, the detention center shall arrange the meeting no later than 48 hours after the request; in practice, most meetings are completed within one to two days after the request. For cases involving crimes against national security and terrorist activities, meetings during the investigation period must be approved by the investigative organ; for other crimes, no such approval is generally required. Meetings can be arranged as soon as the detainee is taken into custody by the detention center.

Q5: What should I do next after the meeting?

The lawyer will determine whether the client meets the conditions for bail pending trial based on the information obtained during the meeting. If the client meets the conditions, the lawyer will submit a bail application or a legal opinion on refusing to approve the arrest to the investigative organ before requesting the approval of the arrest, and organize materials related to restitution, understanding, first-time offenders, and lack of social danger. If the client is approved for arrest, the lawyer will then apply for a review of the necessity of detention. Family members should cooperate in providing additional materials and communicate with the lawyer.Criminal defense lawyerKeep communicating and make progress.

IV. Suggestions for Protecting Rights

  • On the day the family member was detained by the police, they immediately appointed a lawyer to handle the case and rushed to the 48-hour meeting window to verify the facts of the case.
  • Provide lawyers with accurate information about matters such as compensation, reconciliation, and health conditions, and cooperate with the organization in preparing bail materials.
  • Don't go to the detention center to request a meeting on your own, and don't easily believe the claims of "intermediaries" arranging meetings for you.
  • After entrusting the case, we will keep in communication with the lawyer at key stages such as bail application, approval of arrest, and custody review, and maintain evidence throughout the entire process.

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