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Can the family meet after the arrest

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Can the family meet after the arrest


        

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  • 2024-06-06 01:00:01

    During the arrest of the criminal suspect, his family members or other close relatives cannot visit him, but can only entrust a lawyer to meet with the criminal suspect.

    1、 During the arrest of a criminal suspect, the defense lawyer may meet and correspond with the criminal suspect and defendant in custody. Other defenders may also meet and correspond with the criminal suspect or defendant in custody with the permission of the People's Court or the People's Procuratorate.

    2、 Approval of arrest means that the People's Procuratorate agrees to the request of the public security organ to arrest a criminal suspect. When the public security organ deems it necessary to arrest a criminal suspect during investigation, it shall prepare a written request for approval of arrest and submit it to the People's Procuratorate for examination and approval together with case materials and evidence. After examination, the People's Procuratorate shall approve the arrest if it considers that the main facts of the crime have been found out and may be sentenced to a punishment of not less than imprisonment. The adoption of such methods as obtaining a guarantor pending trial and residential surveillance is not enough to prevent the occurrence of social danger, but it is necessary to arrest.

    3、 If a defense lawyer requires to meet with a criminal suspect or defendant in custody on the strength of a lawyer's practice certificate, a law firm certificate and a power of attorney, or a legal aid official letter, the detention center shall arrange the meeting in a timely manner, which shall not exceed 48 hours at the latest.

    [Legal Basis]

    In Article 39 of the Criminal Procedure Law of the People's Republic of China, defence lawyers may meet and correspond with criminal suspects and defendants in custody. Other defenders may also meet and correspond with the criminal suspect or defendant in custody with the permission of the People's Court or the People's Procuratorate.

    If a defense lawyer requires to meet with a criminal suspect or defendant in custody on the strength of a lawyer's practice certificate, a law firm certificate and a power of attorney, or a legal aid official letter, the detention house shall arrange the meeting in a timely manner, which shall not exceed 48 hours at the latest.

    In the case of crimes against national security or terrorist activities, the defense lawyer shall obtain the permission of the investigation organ to meet with the criminal suspect in custody during the investigation. In the above-mentioned cases, the investigation organ shall notify the detention house in advance.

    When the defense lawyer meets with the criminal suspect and defendant in custody, he can learn about the case and provide legal advice; From the date the case is transferred for examination and prosecution, relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers shall not be monitored when meeting with criminal suspects and defendants.

    The provisions of paragraphs 1, 3 and 4 shall apply to the meetings and correspondence between defense lawyers and criminal suspects and defendants under residential surveillance.

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