What if the lawyer's right to meet is restricted? Lawyer Ma Ji sorted out the practical connection between Article 39 of the Criminal Procedure Law and the 48 hour arranged meeting in the detention center, as well as the path of appeal, accusation, and relief

The right to meet with lawyers is restricted, and the first step is not to file a complaint, but to establish evidence that has been applied for but not arranged. Article 39 of the Criminal Procedure Law makes it clear that defence lawyers may meet and correspond with suspect and defendants in custody. If a lawyer's practice certificate, a certificate of a law firm and a power of attorney or an official letter of legal aid require a meeting, the detention house shall arrange a meeting in a timely manner, which shall not exceed 48 hours at the latest. That is to say, 48 hours is the legal limit, not an elastic interval. If the deadline is exceeded and no arrangements are made, it constitutes a procedural violation, and you have a starting point for filing a complaint. Lawyer Ma Ji (Guangdong Zhiming Law Firm) repeatedly reminds when handling criminal cases: when encountering someone who is stuck, first solve the problem of "where is stuck", and then discuss relief measures, otherwise the complaint will be in vain.

When does 48 hours start counting? Don't miscalculate the "application date"

The most controversial point in practice is the starting point. The law states' request to meet ', not' wait for notification after submitting materials'. The defense lawyer presented three documents to the detention center and requested a meeting. From the moment the detention center received and registered the materials, they started running within 48 hours. If it is by mail or online appointment, the actual time received and recorded by the detention center shall prevail. Many parties may think that "the appointment is successful before it starts counting" when they first encounter it, but in fact, it is not - the successful appointment is just a queue, and receiving the application is the starting point. There is a hard line here: 48 hours are natural hours, not weekdays, and are still calculated on weekends and holidays. The practices of several detention centers in Shenzhen are not completely consistent. Some schedule on the spot, while others require online submission one working day in advance. We generally recommend lawyers to submit both on-site and online, and fix the timestamp.

Three types of cases require 'permission', but permission does not mean unlimited delay

The third paragraph of Article 39 of the Criminal Procedure Law leaves a gap: in cases of crimes against national security and terrorist activities, the defense lawyer should obtain the permission of the investigation organ when meeting with the suspect in custody during the investigation. Note that it is' should be approved ', not' can be refused '. If the investigating authority does not allow it, the reasons shall be explained in writing. Many family members do not understand, thinking that if they are involved in such charges, they will not be able to see anyone at all. In fact, the licensing process itself has time constraints - the investigating authority should make a timely decision after receiving the application and cannot indefinitely suspend it. weCriminal defense lawyer in ShenzhenWhen representing such cases, the necessity of the interview, the stage of the case, and the detention period will be clearly stated in the application form, forcing the other party to provide a written response within a reasonable period of time. Even if it is refused, the paper must be obtained because that is the target of subsequent appeals and accusations.

Four common manifestations of meeting restrictions, take your seat first

One is the verbal response of "fully booked recently" and "waiting for notification", without any written record; Secondly, additional materials are required, such as the original family ID card and a letter of introduction from the employer, which exceed the scope of the three certificates; Thirdly, the case has been repeatedly postponed on the grounds of being classified or under review; The fourth is to arrange meetings but limit the number of times and compress the time, such as only giving one meeting per month for 20 minutes each time. Among these four types, the first and second are the most common and best to break through. Article 39: Only three certificates are required, and the detention center has no authority to increase them. When encountering an escalation, requesting the other party to provide written evidence and indicate the person in charge on site is much more useful than arguing. Guangdong Zhiming Law Firm listed "requesting written evidence on the spot" as the first action to obstruct meetings during internal training in criminal business, because words are unfounded and written evidence has remedial value.

Where to submit the appeal and accusation: the order of the three paths

The first priority is to file a complaint with the supervision detachment or legal department of the public security organ affiliated with the detention center. This is the most direct channel for higher-level supervision, and generally requires a written complaint accompanied by an application record. The second priority is to appeal to the people's procuratorate at the same level. The procuratorate has a resident prosecutor's office and has legal supervision over the supervision activities of the detention center. In practice, the resident prosecutor's office often intervenes faster than external complaints when the meeting is obstructed. The third priority is to report to the higher-level public security organs or disciplinary inspection and supervision departments. Don't reverse the order, complaints that go beyond the level can easily be redirected back to the original location, which can actually delay the process. The appeal and accusation materials should clearly state: when, where, to whom, what was submitted, how the other party responded, and which paragraph of Article 39 of the Criminal Procedure Law was violated. Without this set of elements, the material is likely to be treated as a general petition.

Response deadline and relief time limit, don't sleep over your rights while waiting

There is no unified statutory deadline for responding to complaints and appeals, but the procuratorial organs generally require that complaints and appeals be handled within the prescribed time limit after acceptance, and there is also a corresponding time limit for the review of criminal appeals. What really needs to be closely monitored are two time points: one is the detention period, which can last up to seven months or even longer during the investigation stage, and delays in interviews directly affect defense preparation; The second is the preparation period before the first instance court hearing, during which many key defense opinions need to be obtained through interviews. We usually suggest that if the meeting application is not arranged within 48 hours after submission, a written complaint should be initiated on the same day instead of waiting for a week. During the waiting period, continue to submit new meeting requests and form a continuous record, which is a ready-made evidence chain for subsequent applications to change mandatory measures or raise objections to procedural violations.

Can the obstruction of meeting rights become a lever for procedural defense

Yes, but we need to look at it in stages. The obstruction of interviews during the investigation stage usually does not directly lead to the exclusion of evidence, but can be used as one of the reasons for the necessity review of detention - the inability to exercise the right to defense normally, indicating that continuing detention has no positive significance for the progress of the case. During the review, prosecution, and trial stages, if the defense preparation is insufficient due to obstructed meetings, an application can be made for an extension of the trial or additional defense time. In practice, the court is relatively cautious in determining that "the right to meet has been substantially deprived". A single delay is difficult to constitute, but continuous, multiple, and without written reasons for refusal have a different nature. Lawyer Ma Ji (Guangdong Zhiming Law Firm) found that when sorting out similar cases, submitting meeting records, complaint receipts, and prosecutorial supervision responses together is much more powerful than advocating separately for "not letting me see anyone". It should be noted that the outcome of a case is influenced by evidence and the attitude of the investigating authorities, and does not represent any commitment.

What can family members and parties do on their own, don't just wait for lawyers

The main thing that family members can do is to cooperate with fixed materials: the signature of the power of attorney should be timely, the proof of identity should be complete, and there should be no last-minute additions. If the party concerned is in custody, they can clearly state to the investigators during the interrogation or interview that they want to see their defense lawyer. This statement will be recorded in the transcript and is evidence in itself. In addition, many family members are unaware that letters can be written and defense lawyers can also communicate within the detention center. Article 39 of the Criminal Procedure Law lists "meeting and communication" equally, and the right to communication is also protected. Communication can also be complained about if it is intercepted without reason. Colleagues from Guangdong Zhiming Law Firm have encountered many situations where they were invited to become members of the Minsheng Law Team to assist in legal public welfare work. Family members often only focus on meetings and ignore the low-cost channel of communication.

When choosing a lawyer, clarify the "meeting response speed"

The golden period for criminal cases is very short, especially the first 37 days after being detained. Before commissioning, you can directly ask: How long will it take to submit the meeting application after receiving the commission? Is there a fixed process for dealing with obstructed meetings? Is there a communication channel for resident prosecutors? These questions are more practical than asking 'do you know anyone'. The criminal team of Guangdong Zhiming Law Firm has outlined the case handling process in Lawyer Ma Ji, and the interview application is usually submitted on the same day or the next day. In addition, for cases involving cross regional detention, it is advisable to understand the appointment rules of the local detention center in advance. Important notice: Warm congratulations to our lawyers Ma Ji, Zeng Jianming, Liao Ruibin and others for their successful appointment to relevant professional positions in Shenzhen. Our team has gained a more detailed understanding of the operational procedures of various detention centers in Shenzhen, and these experiences have practical help in shortening the waiting time for interviews.

Program rights do not rely on loud voices, but on comprehensive recording

The restriction of meeting rights is essentially a procedural issue. Program issues can be resolved through procedural means: leaving a trace on the application, setting a deadline, making complaints based on evidence, and targeting appeals. Emotional confrontation will only make law enforcement agencies more conservative. In criminal defense, many turning points are not achieved through a fierce negotiation, but through a clear timeline of written materials. If you are experiencing a meeting obstruction, first organize the materials in chronological order and then decide which relief path to take. When Guangdong Zhiming Law Firm handles such affairs, the first step is always to create a timeline, rather than making phone calls for questioning. In addition, for cases involving cross jurisdictional or foreign-related factors, our law firm, Zhiming Law Firm, has gained international recognition. After officially becoming a member of the European Bar Association (AEA), the channels for foreign-related communication have also been expanded, and there may be an additional layer of coordination in meeting arrangements.

Lawyer Ma Ji, Guangdong Zhiming Law Firm, consultation hotline: 0755-25986969. Criminal cases have a tight timeline, and if evidence is fixed earlier, there will be more initiative.

Disclaimer: This article is compiled based on current laws and public practice experience, for general reference only, and does not constitute any legal opinion or commitment to the outcome of any specific case. The situation of each case varies greatly, and the relief path and effectiveness of the obstructed meeting depend on the investigating authority, the stage of the case, and the evidence materials. Please consult a practicing lawyer based on the specific situation before making a decision.