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Designated meeting place for residential surveillance lawyers (can residential surveillance at designated residence meet lawyers)

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Designated meeting place for residential surveillance lawyers (can residential surveillance at designated residence meet lawyers)


        

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  • 2024-06-10 05:00:47

    If they can meet, according to the relevant laws and regulations, the defense lawyer can hold relevant certificates, certificates and official letters. Only when they are indispensable, can they have the right to meet the criminal suspects in custody or under surveillance. During the meeting, the criminal suspects are no longer monitored.

    Can lawyers meet during residential surveillance at designated residence

    1. During the period of residential surveillance of a criminal suspect, the defense lawyer may meet with the suspect. Those who meet with suspects shall apply to the enforcement public security organ and submit the lawyer's practice certificate, the certificate of the law firm and the power of attorney or the official letter of legal aid.

    2. A criminal suspect or defendant under residential surveillance during residential surveillance shall observe the following provisions:

    (1) Not to leave the place where residential surveillance is carried out without the approval of the executing organ;

    (2) Without the approval of the executive organ, they shall not meet with others or communicate with each other;

    (3) Arrive at the case in time when being summoned;

    (4) Do not interfere with the witness in any form;

    (5) They shall not destroy or forge evidence or collude with others;

    (6) Submit the passport and other entry and exit certificates, identity documents and driving certificates to the executive organ for preservation.

    If a criminal suspect or defendant under residential surveillance violates the provisions of the preceding paragraph and the circumstances are serious, he may be arrested; If arrest is necessary, the criminal suspect or defendant may be detained first.

    How many days is the period of criminal detention and arrest?

    1. The maximum length of criminal detention is 37 days. If the public security organ deems it necessary to arrest a detainee, it shall, within three days after the detention, submit the matter to the People's Procuratorate for examination and approval. Under special circumstances, the time limit for submitting a request for examination and approval may be extended by one to four days.

    2. The time limit for submitting a request for examination and approval may be extended to 30 days for major suspects who commit crimes from place to place, repeatedly or in groups.

    3. The People's Procuratorate shall, within seven days after receiving the written request for approval of arrest from the public security organ, decide whether to approve or disapprove the arrest. If the People's Procuratorate does not approve the arrest, the public security organ shall release him immediately after receiving notification and notify the People's Procuratorate of the execution in a timely manner. If it is necessary to continue investigation and the conditions for obtaining a guarantor pending trial or residential surveillance are met, it shall obtain a guarantor pending trial or residential surveillance according to law.

    Under normal circumstances, it should be submitted to the procuratorate for approval of arrest within 3 days, and the procuratorate should make a decision on whether to approve arrest within 7 days.

    Calculation formula: 1~3+7=8~10 days

    If there is any unclear or new situation, we suggest you directly ask questions online to understand the situation of the communication case. The idle lawyers of the intelligent matching platform will give you detailed and targeted answers, and try to explain the general situation to avoid incorrect answers due to incomplete information and poor communication. I wish success in safeguarding human rights.

    q***

    2024-06-10 05:00:47

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