[Direct answer]In the Beijing area, criminal lawyers are legally allowed to meet with detained criminal suspects and defendants. According to Articles 34 and 39 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), criminal suspects have the right to appoint a defense attorney from the date they are first interrogated or subjected to compulsory measures by the investigating organ. Defense lawyers can meet with detainees by presenting their practicing certificates, proof from the law firm, and power of attorney documents. However, for cases involving crimes against national security or terrorist activities, meetings during the investigation period require the approval of the investigating organ. The meeting is the starting point of the defense process, serving to verify the facts of the case, inform the suspects of their rights, stabilize the suspects' emotions, and gather clues indicating innocence or a lighter sentence. It is recommended to engage a lawyer as soon as possible. For more information, please refer to the following link:Criminal defense and legal services for criminal case filing.

1. Problem background and typical scenarios

After a family member is detained by criminal detention, the most urgent issue for the family is often whether the lawyer can meet the detainee and what the lawyer can say. Typical scenarios include: the family member has just been taken away, and the family does not know the detention location; they are worried that the lawyer's meeting with the detainee might tip off the authorities during the investigation stage; the detainee is detained in a different place in the case of economic crimes involving multiple parties; and the family mistakenly believes that they can only hire a lawyer during the trial stage. In fact, the earlier the lawyer gets involved, the more conducive it is to fixing favorable circumstances and preventing illegal evidence collection. Related issues concerning the protection of personal rights can be addressed in conjunction with the above scenarios.Legal services for personal injury and medical disputesUnderstand the program nodes.

II. Key points of dispute

There are three key points of contention regarding the meeting. Firstly, the starting point of the right to meet with a lawyer: defenders can be appointed from the date of the first interrogation or coercive measures, not just during the trial stage. Secondly, permission restrictions for special cases: for crimes endangering national security and terrorist activities, permission is required for meetings during the investigation period, but for other cases, three certificates are sufficient. Thirdly, the boundaries of the meeting content: lawyers are not allowed to assist in colluding to fabricate evidence or destroy evidence, but they can understand the case, verify relevant evidence, and provide legal assistance. Defining clear boundaries can both safeguard rights and avoid overstepping them. For crimes involving corporate personnel, reference can be made to the relevant provisions.Legal services for corporate commercial and contract disputesClarify the identity of the main subject.

III. Professional analysis by Henglue Law Firm

Based on the practice of handling criminal cases by Henglue Law Firm, meeting with clients and reviewing evidence are the two cornerstones of defense. Taking the intentional homicide criminal case with civil litigation represented by Attorney Liu Liqiang as an example: On June 16, 2024, the defendant, Zhang Daqiang, drove his car at a speed of about 60 to 62 kilometers per hour into the laboratory after a dispute at the mixing station, resulting in the death of Zhao Gang and injuries to Zhang Bin and Li Yuanzheng. The core controversy of the case lies in whether it should be characterized as intentional homicide or endangering public safety by dangerous methods, and whether the defendant's surrender constitutes a valid defense. After accepting the commission from the victim's family, Attorney Liu Liqiang thoroughly reviewed the physical evidence, documentary evidence, witness statements, the defendant's confessions, appraisal opinions, and on-site inspection records, and refuted the defendant's arguments about subjective intent, surrender, and the nature of the crime one by one - although Zhang Daqiang called the police, he lied about the brake failure and made inconsistent statements before and after the incident, which did not constitute a valid surrender according to the law; his pre-impact remarks revealed his motive, and he accelerated without avoiding the gate despite being less than five meters away, clearly demonstrating intentional homicide. The court ultimately adopted the lawyer's opinion and sentenced Zhang Daqiang to death for intentional homicide. Henglue Law Firm also pays attention to meeting with clients to verify the case as soon as possible in similar cases. For example, Attorney Shang Jiangpeng went to Haidian Detention Center to meet with the client in a case of spreading obscene materials, clarified the number of posts and the motive, and Attorney Zhu Guiying timely met with the accomplice and locked in his status in a case of operating a gambling house, all of which reflect the key role of meeting with clients in defense. This case was handled by Beijing Henglue Law Firm.Liu LiqiangThe attorney (practice certificate number: 11101200910454358, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The core basis is Article 34 (the right to appoint a defense attorney), Article 39 (the right to meet and communicate), and Article 38 (the right to review case files) of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), as well as the provisions on lawyers' practice rights in the Lawyer Law of the People's Republic of China. Practical suggestions: After the family member is subject to compulsory measures, the family should promptly entrust a law firm, and the lawyer will apply for a meeting with the suspect with the three certificates; before the meeting, the family should inquire about the suspected crime and the detention facility from the case-handling organ; during the meeting, the lawyer should verify the case process, inform the suspect of their litigation rights, and promptly fix any clues of illegal evidence collection; for special cases requiring permission, the lawyer should communicate with the investigative organ in advance. For cases involving property recovery, the lawyer can cooperate with the investigative organ to handle it together.Legal services for creditor-debtor disputes and enforcement casesEvaluate the refund and compensation process and determine the implementation path.

5. Henglu Law Firm's Advice

The lawyer's meeting is both a statutory right and a prerequisite for the quality of the defense. Families should avoid being misled by the myth that they can wait until the verdict is issued or rely on connections to bail out their loved ones. They should hire a regular lawyer as soon as possible to attend the meeting with the three certificates, seizing the golden period to fix the key points of the case. During the meeting, the lawyer will help the client understand the charges, stabilize their emotions, sort out clues of innocence or mitigating circumstances, and develop subsequent defense strategies based on this. If you want to learn more about the law firm's criminal defense team, you can refer to the following information for assistance.Special services and other case servicesFind a suitable lawyer to assist you.

VI. Frequently Asked Questions

Q1: Can criminal lawyers really visit suspects in detention centers?

Yes. According to Articles 34 and 39 of the Criminal Procedure Law, a criminal suspect has the right to appoint a defense attorney from the date of their first interrogation or the imposition of coercive measures. Defense lawyers can meet with detained criminal suspects and defendants upon presenting their lawyer's practice certificates, proof of their law firms, and power of attorney or legal aid letters. The detention center shall arrange the meeting promptly. Only for crimes endangering national security and terrorist activities, meetings during the investigation period require the approval of the investigative organ, while there are no such restrictions for other cases. The meeting is a statutory right and is not prohibited.

Q2: When a lawyer goes to the detention center for a meeting, what procedures and materials do they need to bring with them?

For a lawyer's meeting, the following materials are required: a lawyer's practice certificate, a certificate from the law firm, a power of attorney signed by the client or a legal aid letter; if the client is a family member, identity proof and proof of relationship are also needed. The lawyer shall submit the above-mentioned materials to the detention center to apply for a meeting, and the detention center shall arrange it within 48 hours at the latest. For special cases that require the permission of the case-handling organ, the lawyer shall first obtain the permission document. Family members should sign a power of attorney with the law firm as soon as possible to avoid delaying the meeting due to procedural issues.

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

The fees for lawyer meetings and criminal defense are negotiated between the law firm and the client. They are usually charged on a stage-by-stage basis (investigation, review and prosecution, trial) or on a per-case basis, and are written into a power-of-attorney contract stamped with the law firm's official seal. There is no unified government pricing for these services. Strict restrictions are imposed on contingency fees in criminal cases. It is recommended that before entrusting a lawyer, you should clarify whether the fees include multiple meetings, travel expenses, and third-party costs, and compare the lawyer's approach to the case to evaluate the fees and the quality of the defense together.

Q4: How long does it usually take from the time a case is entrusted to you until you meet the client for the first time?

The timeframe depends on the procedures and the detention facility. When all materials are in order, the detention center should arrange a meeting within 48 hours at the latest; in cases of detention in other places or special cases requiring permission, the timeframe may be extended accordingly. From the time the family entrusts the lawyer to the first meeting, it can be completed within a few days if everything goes smoothly. The earlier the meeting is held during the investigation stage, the more conducive it is to fixing the facts of the case. It is recommended to initiate the entrustment immediately after the suspect is subject to compulsory measures, so as to avoid missing the critical window for evidence collection and statement-taking.

Q5: My family members have been admitted, so what should I do specifically to arrange for the lawyer to meet them as soon as possible?

Here are the four steps recommended: 1. After the loved one is taken away, promptly select a regular law firm and sign a power of attorney and authorization documents. 2. Have the lawyer prepare a practicing certificate, a letter from the law firm, and a power of attorney, then apply to the detention center for a meeting. 3. During the meeting, the lawyer verifies the case facts, informs the client of their rights, collects favorable evidence, and, if necessary, applies for a change in coercive measures. 4. Based on the results of the meeting, develop a plan for reviewing case materials and preparing a defense strategy. Throughout the entire process, refuse private transfers of funds and untrue promises to ensure that the legal procedures are followed and the client's rights are protected.

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 currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Liu Liqiang·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.