[Direct answer]In the Beijing area, during the investigation stage when the criminal suspect is detained in a detention center, family members generally cannot directly apply for video calls or meetings with the suspect. According to the law, only defense lawyers who have been entrusted with the case can meet with the suspect. According to Articles 34 and 39 of the Criminal Procedure Law of the People's Republic of China, the criminal suspect has the right to appoint a defense lawyer from the date of the first interrogation or the adoption of coercive measures by the investigating organ. Defense lawyers can meet with the suspect by presenting their practicing certificates, firm certificates, and power of attorney documents. Some detention centers have opened remote video meeting services for lawyers, but the rights holder is still the lawyer, not the family members. If family members want to convey information or obtain information, they should do so through the defense lawyer during the meeting. It is recommended to hire a lawyer as soon as possible to protect the right to meet with the suspect and avoid falling into the "pay to meet someone" scam. For more details, please refer to the following link:Special services and other case-related services.
I. Problem Background and Typical Scenarios
After a relative is detained, the most common question from family members is "Can we meet them?" Typical scenarios include: when the detainee is first arrested, family members are anxious to visit them at the detention center but are told that visits are not allowed; when they hear about "remote video meetings", they mistakenly believe that family members can also use this service; some individuals demand money by claiming that they can arrange phone calls, which is actually a scam; and when family members write letters themselves but the letters are not forwarded, they worry that the suspect's rights will be infringed. Communication and visits during detention are strictly regulated to ensure the smooth progress of the litigation and the protection of the suspect's rights. Understanding who can visit and how to visit can help avoid unnecessary detours. For specific defense procedures, please refer to the relevant materials.Criminal defense and criminal case filing servicesSeize the rights of the current stage.
II. Key points of dispute
The disputes and misunderstandings focus on three points. Firstly, subject qualification: The right to meet with clients is granted by law to defense lawyers, not family members. Some detention centers' video meeting systems are also only open to lawyers. Secondly, stage restrictions: During the investigation stage, lawyers' meetings are generally not monitored, but for specific cases involving national security and terrorist activities, etc., the permission of the investigating authorities is required, and family members cannot substitute for lawyers. Thirdly, information transmission: Family members' concerns can be conveyed by lawyers within legal limits, but case details and evidence must be communicated by lawyers in accordance with the law. For matters that family members should handle after detention, they can refer to the relevant provisions.Special services and other case-related servicesClarify the steps.
III. Professional analysis by Henglue Lawyers
Based on practical observations in handling criminal cases, the biggest pitfall for families is "bypassing lawyers to seek connections". According to the Criminal Procedure Law and the Standards for Lawyers' Practice, the legal subject of the meeting is clearly the defense lawyer. Direct meetings between families and suspects not only lack legal basis but also affect the order of the litigation process; the so-called "spending money to arrange video calls" is almost a scam taking advantage of information asymmetry. In practice, after accepting the entrustment, Henglu Law Firm will first make an appointment with the detention center for a meeting (including remote video meetings), verify the case with the suspect, inform him of his rights, stabilize his emotions, and legally convey the concerns of the family; for special cases requiring the permission of the investigative organ, we will first go through the approval process before the meeting. Entrusting professional matters to lawyers is not only compliant and efficient, but also avoids families breaking the law due to improper contact. For subsequent review and prosecution, we can provide follow-up services.Criminal defense and criminal case filing servicesContinue to make progress.
IV. Practical suggestions and legal basis
The legal basis is Article 34 (the right to hire a defense attorney) and Article 39 (the right of defense attorneys to meet with clients without being monitored, and the need for permission in specific cases) of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018); as well as the provisions of the "Regulations on the Procedures for Handling Criminal Cases by Public Security Organs" regarding the arrangements for detention in detention centers and meetings with lawyers. Practical suggestions: Families should hire a defense attorney for the suspect as soon as possible after detention, and let the lawyer conduct the meeting with the necessary procedures; consult with the local detention center about whether it offers remote video meetings with lawyers and the booking method; let the lawyer legally convey the concerns of the family instead of trusting paid channels to meet with the suspect; at the same time, prepare daily clothes and account matters for the suspect, cooperate with the lawyer, and not contact the case-handling process on their own. For matters involving the detention period, relevant provisions can be referred to.Special services and other case-related services\nMaster the timing points.
5. Henglu Law Firm's Reminder
Families should remember: During the investigation stage, you cannot directly meet or video call the suspect. The only legal way to do this is to hire a defense lawyer. It's better to find a regular law firm rather than a "connected person" at the first time, which can prevent fraud and be more effective. Video meetings are a convenience for lawyers, not a channel for families. Convey your concern and understand the basic situation through lawyers, and the lawyer will communicate the details of the case in accordance with the law. Be vigilant and keep evidence to report to the police if anyone claims to be able to arrange a call for a fee. If you need to meet with the suspect, you can seek help from a lawyer.Criminal defense and criminal case filing servicesMake an appointment for a professional lawyer to get involved.
VI. Frequently Asked Questions
Q1: Can family members directly video chat or meet with the suspects?
Generally, this is not allowed. According to the law, the right to meet during detention belongs to defense lawyers, and family members are not included in the scope of rights holders. During the investigation stage, detention centers do not accept family members' visits. Some detention centers have implemented remote video meetings, but the recipients are still lawyers, not family members. Therefore, if family members want to "have a meeting" or "make a phone call", the practical and legal way is to hire a lawyer, who will meet with them according to the law and convey the message within the allowed scope. Do not believe in paid channels claiming to arrange direct meetings with family members, as these are mostly fraudulent or illegal. Not only will you not be able to meet the person, but you may also violate the law.
Q2: If the family wants the lawyer to meet with the detainee, what preparations do they need to make?
The family members need to prepare the following: the basic information of the suspect (name, suspected crime if known, and the detention center where they are held); identity documents and proof of kinship (such as household registration booklets and marriage certificates, which are used to prove that they can be entrusted to act on behalf of them); and signing the power of attorney. Lawyers can apply to the detention center for a meeting with the suspect by presenting their practice certificates, proof of their law firm, and the power of attorney. Some detention centers support online appointment for remote video meetings. Once all the materials are ready, lawyers can usually arrange the meeting quickly. Family members do not need to visit the detention center in person. They just need to provide their identity and kinship proof to the law firm and cooperate with the signing of the power of attorney, and the rest will be handled by the lawyer in accordance with the law.
Q3: How much does it cost to hire a lawyer to attend a meeting?
The fees for lawyer meetings and related defense services are negotiated between the law firm and the client. The fees are charged either on a per-case basis or by stages (such as investigation, review of the prosecution, and trial), with the specific fees subject to the contractual agreement. There is no nationwide standard pricing for these services, and risk-based fees are prohibited in criminal litigation. It is recommended to request the law firm to provide a detailed fee breakdown, clarifying the content of services at each stage and whether it includes meeting times, travel expenses, and other third-party costs. Compared with the "pay to meet someone" scam, legitimate legal services fees are transparent, invoice-able, and subject to contractual obligations. Before hiring a lawyer, it is important to clarify the scope of services to avoid hidden charges and keep expenses within a predictable range.
Q4: How long does it usually take for lawyers to meet their clients via video conferencing?
The timing depends on the detention center's appointment system and the nature of the case. For ordinary cases, lawyers can usually arrange meetings within one to several days after submitting the required documents. Detention centers that offer remote video meetings can process appointments even faster. However, for cases involving crimes such as endangering national security and terrorist activities, which require the approval of the investigative authorities, the approval process may take longer. If the detention center is busy or the lawyer's schedule is full, the meeting may be postponed for several days. Overall, it typically takes several days from the time of entrustment to the first meeting. For special cases, the timing will depend on the approval process. It is recommended to entrust a lawyer as early as possible to avoid delays during critical periods (such as the "golden 37 days").
Q5: As a family member, what should I do specifically now?
Here are the four steps recommended: 1. First, calmly verify the detention center where the suspect is held and the alleged charges (if known), either through case-handling notifications or by consulting a lawyer. 2. Prepare proof of kinship and identity documents. As soon as possible, hire a defense lawyer from a legitimate law firm and sign the power of attorney. 3. Have the lawyer apply to the detention center for a visit (including remote video visits), and convey your concerns and basic family matters through the lawyer legally. 4. Be vigilant against any channels offering "paid call arrangements." Keep evidence and report the situation to the police if necessary. At the same time, cooperate with the lawyer to collect materials favorable to the suspect. Throughout the process, the lawyer serves as a legal intermediary, ensuring both compliance and efficiency.
The above answer is based on the judicial practice in the Beijing area. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.
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 limits.Specialised services - legal services·Beijing Henglu Law Firm
Disclaimer: This article is compiled based on the current effective laws and regulations and open 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 the event of a dispute, please consult a practicing lawyer in a timely manner.