[Direct answer]In the Beijing area, gifts can be delivered, but they must comply with the management regulations of the detention center. According to the "Regulations on Detention Centers of the People's Republic of China" and its implementation measures, the daily necessities of detainees can be delivered by their close relatives, but they must be inspected by detention staff. Clothing is generally limited to changeable underwear, cotton clothes, etc., and must not contain metal zippers, ropes, hidden pockets, or any components that could be used as dangerous items. Food and medicine are generally not allowed to be delivered directly by family members. If necessary, the detention center will handle them in accordance with regulations. Cash is generally not allowed to be directly handed over to detainees. Most detention centers support depositing a small amount of living expenses into their accounts through standard channels for purchasing daily necessities. At the same time, it is reminded that gifts and deposits must not contain prohibited items, and information about the case must not be passed on through these channels, otherwise they may be suspected of violating the law or even constituting a crime. More importantly, after receiving the "Detention Notice", the detainee should immediately appoint a defense lawyer to meet with them. According to Article 39 of the "Criminal Procedure Law of the People's Republic of China" (adopted in 1979 and amended in 2018), defense lawyers holding their practicing certificates, firm certificates, and power of attorney requests to meet with detained suspects. The detention center shall arrange the meeting promptly and not later than 48 hours.

I. Problem background and typical scenarios

The moment family members receive the "Detention Notice," they often want to know two things most: where the detainee is and how to help him or her. Thus, their first reaction is often to rush to deliver clothes, money, and food to the detainee. In fact, various detention centers have clear management regulations regarding the timing, types, and methods of delivering items, such as fixed reception days, limited numbers and materials of clothing, and registration after inspection. Many family members, due to their lack of understanding of these rules, bring items like zippered coats, hats with ropes, or snacks and drinks, only to have them returned on the spot, wasting their time. In Beijing, the delivery windows of various detention centers are generally open during fixed periods on weekdays, and the specific arrangements are subject to their public announcements. It should be noted that delivering items is just a form of daily care. What really affects the progress of the case is whether the lawyer can meet with the detainee as soon as possible, understand the case situation, and provide timely legal advice.

II. Key points of contention

First, the scope of items that can be delivered is generally limited to clean clothes that have passed inspection. Food, medicine, cash, and any potentially dangerous items are prohibited. Second, regarding the channels and limits for deposits, most detention centers allow small amounts of living expenses to be deposited into the accounts of detainees through regulated channels, with the specific limits and methods determined by the detention centers. Third, the strictness of the inspection system requires that all delivered items must undergo inspection. Those who refuse to be inspected or attempt to smuggle prohibited items will have their items returned or face further action. Fourth, there are restrictions on communication and information transmission during the delivery process. This process must not be used to transmit case information or collude with other suspects, as this is a red line. Fifth, regarding the exercise of visitation rights, family members are not allowed to visit detainees in person. Only defense attorneys can visit them in accordance with the law, and they must hold their practicing certificates, firm certificates, and power of attorney documents.

III. Professional analysis by Henglue Lawyers

Take a case of spreading obscene materials handled by Henglue Law Firm as an example: The client was criminally detained for reposting and publishing videos on a forum and was held in a detention center. After receiving the detention notice, the client's family once wanted to "send a message" through delivering items, but we promptly dissuaded them. After accepting the client's entrustment, lawyer Shang Jiangpeng immediately went to the detention center to meet with the client to verify the number of posts, their content, motives, and the circumstances of their appearance in court. It was confirmed that the client was a first-time offender, had truthfully confessed after being summoned to appear in court, voluntarily pleaded guilty and accepted punishment, and had not profited from the crime. Subsequently, we submitted a "Legal Opinion on Bail Pending Trial" to the investigating authority, which argued from four perspectives: First, there is a clear quantitative threshold for the criminalization of non-profit-making spreading of obscene materials, and the number of posts in this case far exceeded it, so it should not be deemed a crime according to law; Second, the client's appearance in court and truthful confession met the conditions for voluntary surrender, and combined with the plea of guilty and acceptance of punishment, he could be given a lenient punishment according to law; Third, the leniency for plea of guilty and acceptance of punishment is greater in the investigation stage; Fourth, we compared the circumstances of social danger one by one, showing that there was no real danger of committing new crimes, destroying evidence, colluding with others, or fleeing. In the end, the investigating authority made a decision on bail pending trial, and the client regained his freedom. This case shows that the most valuable thing that family members can do for clients is not sending items, but entrusting a lawyer to meet with them as soon as possible and fixing mitigating circumstances. For cases involving cooperation with the investigation and subsequent defense after bail, reference can be made to this case.Criminal defense and criminal case filingThe practical path; for cases involving compensation and settlement negotiations, it can be combined with other methods.Creditor's rights and debts, and enforcement casesOur firm has extensive experience in handling cases like this. This case is being handled by Beijing Henglu Law Firm.Shang Jiang PengThe lawyer (practice license number: 111012023105807, the document issued by the judicial administrative organ shall prevail) acts on behalf of the client, relying on his accurate understanding of the local adjudication procedures and practical rules, to help the client achieve favorable results.

IV. Practical suggestions and legal basis

According to Articles 34, 39, and 67 of the Criminal Procedure Law of the People's Republic of China (amended in 2018), as well as the Regulations on Detention Centers of the People's Republic of China and its implementation rules regarding the delivery of items and inspections, it is recommended to handle the matter in four steps: First, verify the detention facility and confirm with the detention center the time, type, and amount requirements for the delivery of items; Second, prepare qualified change of clothes, removing zippers, ropes, and compartments to avoid smuggling in food, medicine, and cash; Third, deposit a small amount of living expenses into the detainee's account through regular channels for purchasing daily necessities; Fourth, immediately entrust a defense lawyer to meet with the detainee to understand the suspected crime, coercive measures, and case circumstances, and promptly apply for bail or provide legal advice. Where mitigating circumstances such as voluntary surrender, confession, restitution, and reconciliation are involved, they may be referred to for reference.Criminal defense and criminal case filingBased on my experience, in cases involving compensation and reconciliation negotiations with the victim, it may be appropriate to combine the following elements:Personal injury and medical disputesThe processing path of it.

5. Henglu Law Firm's Advice

Delivering items is a form of daily care, but meeting with the detainee is the most effective way of providing legal assistance. Three reminders: First, do not attempt to convey any case information through delivering items. This is no small matter and may constitute a violation of the law; Second, do not bring food, medicine, or cash directly to the detainee, as most of these items will be returned; Third, do not spend time inquiring about "connections," but instead, quickly hire a lawyer to meet with the detainee and seize the time window before and after the arrest.Beijing Henglu Law FirmIt is recommended that family members first confirm the place of detention after receiving the detention notice, and then simultaneously initiate the two tasks of sending supplies and hiring a lawyer.

VI. Frequently Asked Questions

Q1: Can we directly send cash to our family members who are in custody?

Generally, it is not allowed to directly hand over cash to detainees. Most detention centers allow close relatives to deposit a small amount of living expenses into their accounts through regular channels, which can be used to purchase daily necessities. The specific amount and procedures shall be subject to the management regulations of the detention center.

Q2: What materials do I need to bring for the delivery service?

Generally, you need to bring the sender's ID card, proof of the relationship with the detainee, and other materials that can confirm the detention information, such as the Detention Notice; the specific requirements are subject to the announcements of the detention center. It is recommended to confirm in advance by phone or on-site consultation.

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

Attorney fees are usually charged according to the stages of investigation, review of prosecution, trial, etc., or on a per-case basis, which is related to the complexity of the case, the number of meetings, and the amount of defense work. The fees shall be specified in a written contract of entrustment and shall be collected and invoiced by law firms in a unified manner.

Q4: When can the family members see the patient?

During the investigation, review and prosecution, and trial stages, family members generally cannot directly meet with detainees; only defense attorneys can meet with them in accordance with the law. After the case is adjudicated and the verdict is enforced, family members can meet with the detainees in accordance with the regulations of the prison or detention center.

Q5: What should I do first?

First, check the detention facility and the alleged charges on the "Detention Notice", and confirm the time and requirements for delivering items; at the same time, appoint a defense lawyer as soon as possible. The lawyer should bring his/her practicing certificate, the law firm's proof and the power of attorney to arrange a meeting with the client to understand the case and strive for bail pending trial.

This article is written based on the common judicial interpretation 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. →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 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 you encounter disputes, please consult a practicing lawyer in time.