Lawyer meeting not monitored written into prison law: Notice to family members
First of all, the conclusion is that starting from November 1, 2026, the newly revised Prison Law will come into effect, and "prisoners and their defense lawyers will not be monitored during meetings" will be included in the law itself.This sentence used to appear at the level of departmental regulations, but this time it has been elevated to the level of law and carries a different weight. For family members, this change is worth knowing, but equally worth knowing is itWhich situations are not includedUnderstand both of these aspects so as not to have the wrong expectations for the meeting.
What changes have been made in this law revision
The newly revised Prison Law consists of eight chapters and 121 articles, with 43 new articles added. It is a comprehensive revision since the implementation of this law. There are three most direct relationships with family members: first, defense lawyers' meetings are not monitored and written into the law; Secondly, a dedicated chapter on the rights and obligations of criminals has been added, listing them in black and white; The third is to clarify the right of criminals to receive legal aid.
What does' not being monitored 'mean
It ensures communication and trust between lawyers and clients. The premise of defense work is that the parties dare to present the case in its entirety to the lawyer, including the parts that are unfavorable to themselves. If the content of the meeting is monitored, the parties involved will have reservations, and their defense opinions will be based on incomplete facts. Writing it into the law is to nail this foundation of trust firmly.
But it doesn't include these three things
- 'You can see it if you want' is not valid.The time, venue, and procedures for the meeting shall still be arranged in accordance with the regulations of the regulatory authority. Lawyers must make appointments based on their credentials and authorized procedures.
- 'I want to see you a few times' is also not valid.There are corresponding management rules for frequency and duration, and defense lawyers will plan the pace of meetings according to the stage of the case, rather than being present at any time.
- Family members cannot replace meetings.Before the judgment of the case takes effect, the detained parties can usually only be met by defense lawyers, and their families generally cannot meet directly. This is also why it is so important for defense lawyers to meet in criminal cases: the words and information that family members want to convey and understand must be brought in and out through lawyers.
What family members should do now
If you have family members in custody, two things are most practical: first, complete the delegation procedures as soon as possible and allow the defense lawyer to see the person as soon as possible. The earlier the meeting, the earlier the overall situation of the case can be grasped, and the defense plan can be targeted; The second is to cooperate with the lawyer to fully explain the family situation, physical condition, and case background, which will directly affect the defense strategy. The details of the meeting and communication will be handled by the lawyer in accordance with legal regulations, and the family members do not need or should not inquire about the specific content of the meeting. This boundary itself is also a form of protection for the parties involved.
Our criminal defense team will adjust the interview preparation checklist in accordance with the newly revised Prison Law. If you need to arrange defense lawyers for your family members in custody, please feel free to contact us at Room 1802, Building A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen, at 0755-25986969.
This article is written by the director of our firm and the head of the law firmShen Jinlong Lawyer(Practicing license number 1440320410315584) Signed and published.
About Guangdong Zhiming Law Firm
Guangdong Zhiming Law Firm was founded in Shenzhen in 2000 and has been engaged in dispute resolution in Shenzhen for 26 years. It currently has nearly 50 staff members and is one of the first batch of time-honored law firms of the Shenzhen Bar Association (with a total of 40 in the first batch). Our business covers nine business segments: civil and commercial disputes, criminal defense, administrative disputes, criminal civil cross disciplinary disputes, criminal charges, intellectual property, divorce and inheritance, foreign-related legal disputes, and non litigation special projects. The case discussed by the director and partners themselves will be handled by themselves - the person responsible for the case will not be changed. The fees are determined based on the type of business and workload, with clear pricing, a written contract signed, and receipts issued.
