Procedures for refusing to accept an interview [Lawyer interview stage]

According to Article 39 of the Criminal Procedure Law of the People's Republic of China :

The defense lawyer holds a practicing certificate, a law firm certificate and a power of attorney or an official legal aid letter. The detention center shall arrange for the lawyer to meet with the criminal suspect or defendant within 48 hours, except for crimes involving national terrorism that will be detained during the investigation stage. In addition to restricted visits, in other cases, detention centers should arrange for lawyers to meet with suspects and defendants in custody in a timely manner.

According to the "Procedural Regulations for the Handling of Criminal Cases by Public Security Organs" and the "Criminal Procedure Rules of the People's Procuratorate" , it is also clarified that in addition to other cases involving national terrorism cases, the detention center should arrange the meeting within 48 hours after receiving the lawyer's request for an interview. meet.

In judicial practice, it is not uncommon for detention centers to have private access barriers that lead to difficulties in accessing interviews. The reasons are various, such as "the case is under the supervision of the Provincial Public Security Department and the Municipal Public Security Bureau, and lawyers are temporarily unable to access", "the case is still under trial, and the refusal "Meeting", "Needs approval by the Bureau of Justice for interview procedures", "The case is still under trial, refusal to meet", "Relevant procedures need to be approved by the Bureau of Justice", "Case details need to be kept confidential", etc.

No matter what the reason is, the detention center refuses to accept the lawyer's meeting procedures or arranges a meeting, which is obviously a failure to perform legal duties and obligations. It is a typical illegal act and seriously infringes on the rights of professional lawyers.

In the process of judicial practice, FasterLawyer recommends that lawyers who receive infringement should actively protect their rights according to law. Specific methods:

• Send the lawyer interview procedures to the detention center leader by mail.
• Apply for rights protection through the Lawyers Association.
• Complaints, appeals and accusations can be made through public security organs, procuratorial organs and other departments.