[Direct answer]In most cases, meetings can be arranged on the same day, but this is not an absolute guarantee and depends on whether the necessary documents are in place and the scheduling of the detention center. According to Article 39 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), when a defense lawyer requests to meet a detained criminal suspect with a lawyer's practice certificate, a law firm's certificate, and a power of attorney, the detention center shall arrange the meeting promptly, but no later than 48 hours. For cases involving crimes against national security and terrorist activities, meetings during the investigation period shall be subject to the approval of the investigative organ. Therefore, for normal cases, meetings can usually be arranged on the same day or the next day if all three certificates are provided. In Beijing, most detention centers implement appointment-based meetings. It is recommended to submit the materials for an appointment immediately after entrusting a lawyer.
I. Problem background and typical scenarios
After the family members were taken away, what they most urgently wanted was to see them and find out what had happened. However, according to the law, family members are not allowed to meet them during the investigation stage, and only defense lawyers can do so. Common scenarios include: family members urgently seeking lawyers on the day of criminal detention; family members from other places being detained in Beijing who are not familiar with the meeting process; and cases involving crimes endangering national security and terrorist activities requiring permission to meet. Meetings may seem like procedural issues, but they are actually of great value: verifying the charges and facts, understanding the interrogation process, and assessing the possibility of bail and acquittal all depend on accumulating meetings over time.
II. Key points of contention
First, whether the documents are complete. The lawyer's practice certificate, the law firm's certificate, and the power of attorney are indispensable. The client should be the criminal suspect himself or his close relatives. Second, the scheduling rules. The law requires that the arrangement be completed no later than 48 hours, but in practice, it is affected by the number of appointments and the time of custody transfer. It is less likely that the client will be seen on the same day as the custody transfer. Third, whether it belongs to the cases requiring permission for meetings. Crimes endangering national security and terrorist activities need the permission of the investigating organ during the investigation period, and no other cases may set additional permission thresholds. Fourth, the content and restrictions of the meeting. Lawyers can understand the case situation and provide legal assistance, but they are not allowed to convey messages or collude with witnesses, nor are they allowed to deliver prohibited items. Fifth, the number of meetings. The law does not limit the number of meetings, but in practice, it is mainly affected by the arrangements of the detention center.
III. Professional analysis by Henglue Lawyers
According to the practical observations of Henglue Lawyers, the problem of arranging meetings with detainees has been significantly alleviated in recent years, and it is now more of an issue of time and efficiency. Detention centers in Beijing generally implement online appointment systems, and those with complete procedures can usually arrange meetings within 48 hours. The real technical challenges come after the meeting: First, clarify the circumstances of the detainee's surrender to the police to determine whether they voluntarily surrendered and made a truthful statement, and whether they may constitute a voluntary surrender; Second, verify whether there are procedural issues such as coercive interrogation and enticement of confessions, and fix clues in time; Third, understand the detainee's physical condition and special family circumstances to provide materials for applying for bail or conducting a review of the necessity of detention; Fourth, explain to the client the legal consequences of pleading guilty and accepting the punishment, to avoid hastily signing a confession letter without understanding the consequences. Common misunderstandings include family members repeatedly visiting the detention center themselves or entrusting non-lawyers to convey information, which not only wastes time but may also interfere with the investigation. The standard practice is to handle it through legal channels.Criminal defenseThe team handles the formalities and keeps the meeting records. For cases involving procedural disputes, they can also study the rules of excluding illegal evidence simultaneously.
IV. Practical suggestions and legal basis
According to Articles 34, 38, and 39 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) and the relevant provisions of the Lawyer Law of the People's Republic of China (amended on September 1, 2017), it is recommended to proceed in the following steps: First, confirm the name and exact address of the detention center and check the information on the Detention Notice; Second, prepare the original copies of the lawyer's practice certificate, the lawyer's firm certificate, and the power of attorney, and make an appointment. Try to submit them the day after the detention; Third, if it is a situation where permission is required for the meeting, the lawyer shall submit a written application for permission to the investigative organ and keep the receipt; Fourth, organize a list of questions before the meeting, including the process of appearing in court, the number and content of interrogations, whether there are signatures and fingerprints, physical condition, and family situation; Fifth, form a written record after the meeting in time to lay the foundation for bail, review of the necessity of detention, and subsequent defense. For arrangements outside the meeting, you can refer to the relevant provisions.Special servicesThe organizational structure and specific process, please contact us for more details.Beijing Henglu Law FirmArrange it.
5. Henglue Law Firm's Reminder
The meeting is the starting point of criminal defense, not the end. Families should avoid two misunderstandings: first, thinking that meeting with a lawyer means the problem is solved. In fact, the meeting is just the first step to understand the case and fix the situation; second, trusting so-called "internal connections" to speed up the meeting is unnecessary and risky. After the case enters the investigation stage, time is of great value: striving for non-approval of arrest before arrest, applying for bail pending trial, and initiating the review of the necessity of detention all need to be based on the case information obtained during the meeting. If the meeting is arranged when the window for applying for approval of arrest is approaching, the meeting and legal advice should be arranged simultaneously to avoid missing the deadline by providing legal advice after the meeting. It should be noted that both the meeting transcript and legal advice should be documented in writing for easy use in subsequent stages. For more information about related services, please refer to the official website.Criminal defense servicesColumn.
VI. Frequently Asked Questions
Q1: Is the meeting on that day definitely going to happen?
Not necessarily. For normal cases with complete documents, the detention center should arrange a meeting within 48 hours; whether a meeting can be held on the same day depends on the time of custody and the appointment schedule. For cases where permission is granted, it still requires the approval of the investigative organ.
Q2: What materials do I need to bring to the meeting?
The basic materials of the case include a lawyer's practice certificate, a certificate from the law firm, a power of attorney signed by the client or their close relatives, and copies of the client's family members' ID cards, detention notices, and other relevant documents.
Q3: What are the approximate costs of the meeting and the defense?
Meeting fees are usually included in the defense fees during the investigation stage and are charged according to the stages, subject to the terms of the engagement contract. Travel expenses may be incurred for meetings held in other locations, which need to be agreed upon in advance.
Q4: How long does it usually take from placing an order to having a meeting?
For those who have completed all the formalities and made successful appointments, the process will generally be completed on the same day or the following day. However, for those who need to send the materials to other regions, or who are subject to approval for meetings or have a tight schedule for appointments, it may take several days to complete the process.
Q5: What should I do first?
First, identify the detention center and the case-handling unit, immediately sign a power of attorney and make an appointment for a meeting, and at the same time, organize a list of questions that need to be verified with the client.
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 relevant evidence materials, so as to avoid missing the statutory time limit. →Criminal defense legal services·Beijing Henglu 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. In case of disputes, please consult a practicing lawyer in time.