[Direct answer]In the Beijing area, family members themselves cannot meet with the detainees, and only defense lawyers are legally allowed to do so. According to Article 39 of the Criminal Procedure Law of the People's Republic of China (amended in 2018), defense lawyers holding their lawyer's practice certificates, certificates from law firms, and power of attorney documents may request to meet with detained criminal suspects and defendants. The detention center shall arrange the meeting promptly and no later than 48 hours; that is, the meeting can generally be held within one to two days after completing the entrustment procedures. However, for those suspected of crimes endangering national security or terrorist activities, the meeting during the investigation period must be approved by the investigating organ. Additionally, according to Article 85 of the same law, after detention, unless it is impossible to notify the family or under statutory exceptions, the family members shall be notified within 24 hours.
1. Problem background and typical scenarios
After family members are taken away, the most anxious things for their relatives are two things: where they are detained and when they can meet them. Common scenarios: suddenly receiving a phone call saying that they have been criminally detained, only receiving a detention notice; the person is detained in a detention center in a different place, and the family members have to travel back and forth; the family members go to the detention center to request a "visit" but are turned away. Here, we need to clarify a basic rule: before the judgment takes effect and is executed, relatives generally cannot meet the detained parties. Only defense lawyers and other authorized defenders can legally meet them. It is more effective to focus on completing the entrusted work as soon as possible than to repeatedly ask "can we meet them".
II. Key points of dispute
First, who can attend the meeting. Defense lawyers can attend the meeting with three certificates, and generally do not need the approval of the case-handling organ, except for cases of crimes endangering national security and terrorist activities; family members are not within the scope of the statutory subjects of the meeting. Second, how to calculate the time limit. The law stipulates that the detention center shall arrange the meeting in time and not later than 48 hours. In practice, after completing the entrustment and appointment, the meeting can usually be held within one to two days. Third, the obligation to notify. After detention, unless it is impossible to notify or there are statutory exceptions, the family members shall be notified within 24 hours. Fourth, the content of the meeting. Lawyers can understand the suspected crime, the process of appearing in court, whether there is coercive interrogation, and whether they are willing to plead guilty and accept the punishment, and provide legal assistance, but they are not allowed to illegally transmit items and information.
III. Professional analysis by Henglue Law Firm
The meeting is the first step in criminal defense and also the basis for judging the direction of the case. A case of spreading obscene materials that we handled can be used as a reference: In May 2026, C * was criminally detained by the Haidian Branch of the Beijing Municipal Public Security Bureau on suspicion of spreading obscene materials after reposting and publishing three obscene video files on a forum. He was detained in the Haidian Detention Center. The three posts had a total of about 5,000 views and about 1,000 downloads, and C * did not obtain any economic benefits from them. After the criminal detention, the family immediately entrusted Beijing Henglu Law Firm to handle the case.Shang JiangpengThe lawyer (practice license number: 111012023105807, subject to the certificate issued by the judicial administrative organ) immediately went to the detention center to meet with the client, verify the number of posts, their content, motives, and the circumstances of their appearance in court, and confirm that the client was a first-time offender who truthfully confessed after being summoned to appear in court, voluntarily pleaded guilty and accepted the punishment, and had no profit-making motives. On this basis, the lawyer submitted legal opinions on bail pending trial focusing on two points: first, non-profit dissemination of obscene video files requires reaching the statutory quantity standard to be convicted and punished, but the quantity in this case far exceeded the standard and should not be considered a crime according to law; second, by comparing the statutory circumstances of social danger one by one, it was demonstrated that there was no escape risk, collusion risk, or actual danger, and there was insufficient necessity for continued detention. On June 24, 2026, Haidian Branch made a decision on bail pending trial, and C* regained his freedom. From the meeting to submitting opinions to changing the coercive measures, the whole process took less than two months, and the first-hand information obtained during the meeting was the starting point of the entire plan.
IV. Practical suggestions and legal basis
According to Article 34 (Time and Subject of Appointing a Defense Attorney), Article 39 (Meetings and Communication between Defense Attorneys and Clients), Article 67 (Conditions for Bail Pending Trial), and Article 85 (Notification to Family Members after Detention) of the Criminal Procedure Law of the People's Republic of China (amended in 2018 and implemented on October 26, 2018); and the relevant provisions on meetings in the Regulations on Detention Centers of the People's Republic of China (implemented since March 17, 1990). Suggestions: First, immediately record the suspected crime, the detention facility, and the case-handling unit after receiving the detention notice; Second, prepare the entrustment procedures as soon as possible, including identity proof, proof of kinship, and power of attorney, to shorten the time from signing the contract to the meeting; Third, provide the lawyer with the basic information of the client, including health status, past medical history, and whether there are circumstances such as voluntary surrender and compensation for losses; Fourth, do not carry items or deliver information by others on your own to avoid violating supervision regulations.
5. Henglu Law Firm's Advice
The golden period for meetings is during the investigation stage. After criminal detention, the investigating organ generally requests arrest within three days, and the time limit may be extended under special circumstances. The procuratorial organ decides whether to approve the arrest within seven days, so whether the detainee can avoid being approved for arrest usually depends on whether the preparation is sufficient during these more than ten days. Families often have a misunderstanding that they can wait and see first and then hire a lawyer after the arrest is approved, but they miss the best window for meetings and submitting opinions. It should be particularly noted that the purpose of the lawyer's meeting is to understand the case and provide legal assistance. The lawyer is not allowed to illegally transfer items or incite the detainee to recant his confession. If the detainee's legitimate rights and interests are infringed in the detention center, the lawyer can reflect and file a complaint on his behalf. For the handling of the detainee's health and injury issues, please refer to the relevant provisions.Personal injury and medical disputesThe relevant path; for cases involving money refund and enforcement, you can learn more about itCreditor's rights and debts, and enforcementRules.Beijing Henglue Law FirmSuggestion: It is the most effective action during this period for family members to prepare the materials and hire a lawyer.
VI. Frequently Asked Questions
Q1: What results can lawyers achieve after a meeting?
The meeting itself does not directly determine the outcome, but it determines the starting point of the defense. Through the meeting, we can verify the suspected charges and the facts of the case, understand whether there are circumstances of voluntary surrender, confession, or plea and punishment, and judge whether there are circumstances of insufficient necessity for detention. On this basis, we can strive for non-approval of arrest, bail pending trial, or prepare materials for subsequent sentencing defense. Whether we can achieve the desired result depends on the facts and evidence of the case. The role of the lawyer is to present the favorable circumstances to the case-handling organ in a timely and complete manner.
Q2: What materials do I need to prepare before and after the meeting?
The family members need to prepare their identity certificates, proof of their relationship with the client, power of attorney, and other entrustment procedures. If they can provide the detention notice, a summary of the facts of the case, the client's medical records or work certificates, it will help the lawyer determine whether there are circumstances that make detention inappropriate. The client's side does not need to prepare any materials, and the lawyer will verify the situation during the meeting. If it involves the willingness to return the illicit gains and make compensation, it can be carried out in accordance with the law under the guidance of the lawyer.
Q3: How much does it cost to hire a lawyer for a meeting?
The attorney's fees for criminal cases are usually charged in stages. Meetings are generally included in the services provided during the investigation stage, and the specific number of meetings shall be specified in the engagement contract. The fees are related to the complexity of the case and the qualifications of the law firm and the attorney, and the travel expenses for handling cases in other regions are calculated separately. It is recommended to clarify the number of meetings and the types of legal documents included in this stage when signing the contract, so as to avoid repeated price increases during the execution of the contract. Clients who are financially struggling can consult whether they meet the conditions for legal aid.
Q4: How long does it take from placing an order to having the first meeting?
After completing the entrustment procedures, the lawyer can make an appointment for a meeting. According to Article 39 of the Criminal Procedure Law of the People's Republic of China, the detention center shall arrange the meeting in a timely manner, and the time limit shall not exceed 48 hours. In practice, it usually takes one to two days from signing the contract to the first meeting, and there may be a slight delay for detention in other places. However, the entire case cycle depends on the stage it is in, and it may take several months or even span across years from criminal detention to sentencing.
Q5: What exactly should family members do now?
The first step is to confirm whether the person has been criminally detained, which detention center they are being held in, and which investigative organ is handling the case, and to properly keep the detention notice. The second step is to prepare the entrustment procedures and sign the entrustment contract with the lawyer as soon as possible. The third step is to provide the lawyer with the client's health status and other useful information. The fourth step is to cooperate with the lawyer to advance the bail pending trial or the review of the necessity of detention. Do not go to the detention center to request a visit on your own, and do not easily believe in the so-called "connections" and bribes.
The above Q&A is mainly based on judicial practices in Beijing. There may be differences in the interpretation of rulings in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.
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 Henglue 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 a timely manner.