· Document Number：No. 108 [2008] of the Justice Bureau of Beijing

· Area of Law： Criminal Litigation

· Level of Authority： Local Judicial Documents

· Date issued：06-02-2008

· Effective Date：06-02-2008

· Status： Effective

· Issuing Authority： Higher People's Court of Beijing Municipality People's Procuratorate of Beijing Municipality Beijing Municipal Bureau of Justice Beijing Municipal Public Security Bureau National Security Bureau of Beijing Municipality

Notice of the Higher People's Court of Beijing, the People's Procuratorate of Beijing, the Justice Bureau of Beijing, the Public Security Bureau of Beijing and the National Security Bureau of Beijing on Issuing the Provisions on the Relevant Issues concerning Lawyers' Meeting with Criminal Suspects and Defendants in Custody (for Trial Implementation)
(No. 108 [2008] of the Justice Bureau of Beijing)
The No. 1 and No. 2 Intermediate People's Courts of Beijing, Beijing Intermediate Court of Railway Transport and people's courts of all districts and counties; the No. 1 and No. 2 Branches of the Municipal People's Procuratorate, Branch of the Beijing Railway Transport Procuratorate and people's procuratorates of all districts and counties; all general brigades, bureaus and divisions under the Municipal Public Security Bureau, all sub-bureaus and county bureaus of public security and the Railway Public Security Bureau; all relevant departments of the Municipal National Security Bureau; the justice bureaus of all districts and counties; the Beijing Lawyers Association:
In order to protect the lawful rights and interests of citizens in criminal proceedings, protect the lawyers' practicing right to meet criminal suspects and defendants in custody and regulate lawyers' practicing conduct, in accordance with the Criminal Procedure Law, the Law on Lawyers and other relevant provisions and in light of the actualities of this municipality, we have formulated the Provisions on the Relevant Issues concerning Lawyers' Meeting with Criminal Suspects and Defendants in Custody (for Trial Implementation), which are hereby issued to you. Please abide by and implement them strictly. If any problems are found in the implementation, please report them to your respective competent superior departments in a timely manner so that we can do a better job in this regard.
Higher People's Court of Beijing
People's Procuratorate of Beijing
Justice Bureau of Beijing
Public Security Bureau of Beijing
National Security Bureau of Beijing
June 2, 2008
Provisions on the Relevant Issues concerning Lawyers' Meeting with Criminal Suspects and Defendants in Custody (for Trial Implementation)
Chapter I General Provisions
Article 1 To protect lawyers' practicing rights in criminal proceedings and regulate their practicing conduct of meeting with criminal suspects and defendants in custody, these provisions are formulated according to the Criminal Procedure Law of the People's Republic of China, the Lawyers Law of the People's Republic of Chinaand the Provisions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security, the Ministry of Justice and the Legislative Affairs Commission of the Standing Committee of National People's Congress on Some Issues in the Enforcement of the Criminal Procedure Law and in light of the actualities of Beijing.
Article 2 Lawyers practicing law in criminal proceedings shall keep state secrets and trade secrets, and shall not disclose the individual privacies of their clients.
Article 3 A lawyer shall not represent two or more criminal suspects or defendants in a same case in criminal proceedings. A lawyer shall not attend a meeting with any other criminal suspect or defendant in custody in a same case.
Article 4 During the course of practicing law in criminal proceedings, lawyers meeting with criminal suspects or defendants in custody must abide by laws, regulations and rules of the meeting places, and strictly observe the lawyers' occupational ethics and practicing disciplines.
Article 5 The case-handling organs, such as public security organs, national security organs, people's procuratorates and people's courts, shall, according to law, protect lawyers' practicing activities, and protect their practicing right to meet with criminal suspects or defendants in custody at the stages of criminal investigation, review and prosecution, and trial.
Chapter II General Rules
Article 6 Lawyers shall normally meet with criminal suspects or defendants in custody within the confinement facilities, and the case-handling organs and detention houses shall provide proper meeting places.
Article 7 The case-handling organs and detention houses shall guarantee the normal time and number of lawyers' meeting with criminal suspects or defendants in custody, while lawyers shall abide by the rules of the case-handling organs and detention houses on working hours or work and rest hours and shall not interfere with the normal handling of cases.
Article 8 A lawyer meeting with a criminal suspect or defendant in custody shall make a written record of the meeting, and require the criminal suspect or defendant to sign the record after confirming it as free of errors. The detention house shall provide necessary conveniences for the lawyer to make the written meeting record.
Article 9 A lawyer representing a criminal suspect or defendant in custody may meet with the suspect or defendant alone or jointly with other lawyers also representing the suspect or defendant.
A lawyer meeting with a criminal suspect or defendant in custody shall produce his practicing certificate. Where a translator attends the meeting, the lawyer shall also submit to the detention house the translator's identity certificate and the case-handling organ's permit for the translator to attend the meeting.
Article 10 A lawyer meeting with a criminal suspect or defendant in custody shall abide by the meeting rules of the case-handling organ and detention house. The lawyer shall not bring any family member of the criminal suspect or defendant or any other person to the meeting, forward letters, money, property or any other article prohibited by the detention house to the criminal suspect or defendant, and lend any communication instrument to the criminal suspect or defendant in custody for use.
Article 11 Without the consent of the case-handling organ, the detention house and the criminal suspect or defendant in custody, a lawyer meeting with a criminal suspect or defendant in custody shall not make audio or visual recordings or take photos.
Article 12 After meeting, a lawyer shall handle the formalities for remanding a criminal suspect or defendant with the detention house.
Article 13 Where the case-handling organ or detention house violates any law or these Provisions, a lawyer or the law firm where the lawyer works may report it to the lawyers association or the justice administrative organ, or directly make a complaint to the competent organ in charge of the case-handling organ or detention house, requesting correction according to law. The organ accepting the complaint shall give a reply within 10 days.
Article 14 Where a lawyer violates any law, any practice discipline or these Provisions at the time of meeting, the on-site personnel of the case-handling organ or detention house shall have the right to make a dissuasion or give a warning; and, if the lawyer ignores the dissuasion or warning, terminate the meeting. The case-handling organ may notify the lawyers association or the justice administrative organ of the relevant information, and the lawyers association or the justice administrative organ shall give a reply within 10 days.
Chapter III Lawyers' Meeting with Criminal Suspects in Custody at the Criminal Investigation Stage
Article 15 The interrogation department of a public security organ shall set up a reception room for lawyers, and designate special personnel exclusively responsible for the acceptance, arrangement, notice, handling and coordination of the relevant meeting affairs of lawyers.
Article 16 A lawyer meeting with a criminal suspect in custody may conduct the following practicing activities according to law:
1. learning the crime which the criminal suspect is accused of from the case-handling organ;
2. learning the relevant case information from the criminal suspect;
3. providing the criminal suspect with legal advice and filing petitions and complaints on his behalf; and
4. applying for bail for the criminal suspect.
Article 17 The relevant case information which a lawyer meeting with a criminal suspect in custody may learn shall include:
1. natural information of the criminal suspect;
2. whether the criminal suspect committed or participated in the suspected crime;
3. the criminal suspect's statement of the facts and circumstances of the case;
4. the criminal suspect's defense on his innocence or mitigation of the crime;
5. whether the legal formalities for the adopted compulsory measures are complete and whether the procedures therefor are lawful;
6. whether the criminal suspect's personal rights and litigation rights are violated after the adoption of compulsory measures; and
7. other information on the case which the lawyer needs to learn.
Article 18 A lawyer meeting with a criminal suspect in custody may provide the following legal advice:
1. explaining the relevant provisions of the criminal procedure law and criminal law; and
2. in case of an incidental civil action, explaining the relevant provisions of the civil procedure law and civil law.
Article 19 A lawyer requesting a meeting with a criminal suspect in custody at the criminal investigation stage shall contact the reception room for lawyers. The reception room for lawyers shall determine the time and place of the meeting in accordance with these Provisions, and notify the lawyer in time.
Article 20 A lawyer shall, when filing a request for meeting with a criminal suspect in custody, show the following documents and necessary photocopies to the reception room for lawyers which shall forward the same to the case-handling organ:
1. a power of attorney or an official letter of legal aid;
2. the lawyer's practicing certificate; and
3. a Letter of Introduction Specially for Lawyer's Meeting with a Criminal Suspect or Defendant in Custody issued by the law firm.
Article 21 For a case not involving any state secret, the case-handling organ shall, within 48 hours after receiving a lawyer's request for meeting, issue a Notice of Arranging a Lawyer to Meet with a Criminal Suspect in Custody of a Case Involving No State Secret, and the reception room for lawyers shall notify the lawyer and arrange the meeting as soon as possible.
For a case about a major or complicated joint crime committed by two or more persons, such as crime of organizing, leading or participating in an organization bearing the nature of criminal syndicate, crime of organizing, leading or participating in a terrorist organization, crime of smuggling, drug crime or crime of embezzlement or bribery, if a lawyer files a request for meeting with a criminal suspect in custody, the case-handling organ shall issue a Notice of Arranging a Lawyer to Meet with a Criminal Suspect in Custody of a Case Involving No State Secret within 5 days, and the reception room for lawyers shall notify the lawyer and arrange the meeting as soon as possible.
Article 22 For a case involving any state secret, if a lawyer files a request for meeting with a criminal suspect in custody, he shall fill out an Application Form for Meeting with a Criminal Suspect in Custody of a Case Involving State Secret, which shall be forwarded by the reception room for lawyers to the case-handling organ. The case-handling organ shall make a decision on approval or disapproval within 5 days after the lawyer files the application, and the reception room for lawyers shall notify the lawyer of the decision. If the meeting is approved, the case-handling organ shall issue a Decision or Notice on Approving a Meeting with a Criminal Suspect in Custody of a Case Involving State Secret; and if the meeting is disapproved, shall issue a Decision on Disapproving a Meeting with a Criminal Suspect in Custody of a Case Involving State Secret.
Article 23 A lawyer's meeting with a criminal suspect shall not be disturbed or monitored. Usually, the criminal investigative organ shall not send any person to be present at the meeting. For any of the following cases, the criminal investigative organ may, when deeming it necessary, send personnel to be present at the meeting, but shall not disturb a lawyer's normal meeting with the criminal suspect:
1. case of compromising the national security;
2. case involving any state secret;
3. case about a suspected crime involving any organization bearing the nature of criminal syndicate or committed by vicious forces;
4. criminal case involved in a major mass incident;
5. case of a major duty-related crime; and
6. other sensitive or complex cases which may have social impact or cause the public concerns.
Article 24 A lawyer shall, when meeting with a criminal suspect in custody, show the following documents and necessary photocopies to the detention house:
1. a power of attorney or an official letter of legal aid;
2. the lawyer's practicing certificate;
3. a Letter of Introduction Specially for Lawyer's Meeting with a Criminal Suspect or Defendant in Custody issued by the law firm; and
4. a Notice of Arranging a Lawyer to Meet with a Criminal Suspect in Custody of a Case Involving No State Secret or a Decision on Approving a Meeting with a Criminal Suspect in Custody of a Case Involving State Secret.
Where a translator attends the meeting, the lawyer shall also submit to the detention house the translator's identity certificate and the case-handling organ's permit for the translator to attend the meeting.
Article 25 The Beijing Lawyers Association shall place the Catalogue of Law Firms in Beijing at all interrogation departments and detention houses, and a criminal suspect needing to retain a lawyer may, through the case-handling organ, send his request to the law firm where the lawyer to be retained works.
Chapter IV Lawyers' Meeting with Criminal Suspects in Custody at the Review and Prosecution Stage
Article 26 Where a criminal suspect retains a lawyer at the review and prosecution stage, the procuratorial organ shall notify the lawyer to handle the formalities for acting as the defender of the criminal suspect in custody.
Article 27 At the review and prosecution stage, a lawyer as the defender of a criminal suspect in custody shall show the following documents and necessary photocopies to the procuratorial organ:
1. a power of attorney or an official letter of legal aid;
2. the lawyer's practicing certificate; and
3. a Law Firm Letter issued by the law firm.
The procuratorial organ shall provide the lawyer with a photocopy of the proposal for prosecution and the relevant materials on legal formalities and the case.
Article 28 A lawyer shall, when meeting a criminal suspect in custody, show the following documents and necessary photocopies to the detention house:
1. a power of attorney or an official letter of legal aid;
2. the lawyer's practicing certificate;
3. a Letter of Introduction Specially for Lawyer's meeting with a Criminal Suspect or Defendant in Custody” issued by the law firm; and
4. a photocopy of the proposal for prosecution provided by the procuratorial organ.
Article 29 Where a lawyer needs to meet with a criminal suspect in custody in a case returned by the procuratorial organ for supplementary criminal investigation, the criminal investigative organ shall be responsible for handling the formalities for the meeting according to the relevant provisions of Chapter III of these Provisions by analogy.
Article 30 When a lawyer meets with a criminal suspect in custody at this stage, the procuratorial organ shall not send personnel to be present at the meeting.
Chapter V Lawyers' Meeting with Defendants in Custody at the Trial Stage
Article 31 Where a defendant in custody retains a lawyer at the trial stage, the people's court shall notify the lawyer to handle the formalities for acting as the defender of the defendant in custody.
Article 32 At the trial stage, a lawyer as the defender of a defendant in custody shall show the following documents and necessary photocopies to the people's court:
1. a power of attorney or an official letter of legal aid;
2. the lawyer's practicing certificate; and
3. a Law Firm Letter issued by the law firm.
Article 33 A lawyer shall, when meeting a defendant in custody, show the following documents and necessary photocopies to the detention house:
1. a power of attorney or an official letter of legal aid;
2. the lawyer's practicing certificate;
3. the duplicate of the indictment issued by the procuratorial organ, or the adjudicative document issued by the people's court; and
4. a Letter of Introduction Specially for Lawyer's Meeting with a Criminal Suspect or Defendant in Custody issued by the law firm.
Article 34 When a lawyer meets with a defendant in custody at this stage, the people's court shall not send personnel to be present at the meeting.
Chapter VI Supplementary Provisions
Article 35 For a criminal case in which the criminal suspect or defendant is serving his sentence, if a lawyer files a request for meeting with the criminal suspect or defendant, unless it is otherwise provided for by these Provisions, the Interim Provisions on Lawyers' Meeting With Criminals in Custody and Participating in Petition of Criminal Cases and the Interim Provisions on Lawyers' Participation in Criminal Proceedings at the Criminal Investigation Stage of Intra-prison Cases enacted by the Justice Bureau of Beijing and the Prison Administration of Beijing in 1999 shall apply.
Article 36 Where a government lawyer of a legal aid department handling a legal aid case needs to meet with a criminal suspect or defendant in custody, these Provisions shall apply by analogy.
Article 37 These Provisions shall come into force for trial implementation on the date of issuance. For any discrepancies between these Provisions and the relevant provisions issued by the departments of this Municipal Government before the date of issuance of these provisions, these Provisions shall prevail.