Borrowing communication tools [Lawyer meeting stage]

Article 40 of the "Constitution of the People's Republic of China (2018 Revised Text)" clearly grants citizens the right to freedom of communication, except for situations that are excluded by the public prosecutor's office in accordance with the law due to national security or the need to investigate criminal crimes. Article 28 of the "Detention Center Regulations of the People's Republic of China" stipulates:

With approval from the public security organs, suspects and defendants in custody may communicate with and meet with close relatives.

In order to combat crime and maintain social fairness and justice, based on the purpose of criminal proceedings, our country will impose certain restrictions on the relevant rights of suspects and defendants, including the right to communicate and the right to meet, to ensure the smooth operation of national investigation, prosecution, trial, and punishment. Work properly. Suspects and defendants in custody can meet and communicate with lawyers, but are restricted from meeting and communicating with other people.

Therefore, in practice, when suspects or defendants in custody borrow communication tools from lawyers who come to meet with them, the defense lawyer should explain to them the provisions of the "Regulations on the Administration of Lawyers' Practice" : inform them that their behavior is illegal, and if the lawyer continues to engage in illegal behavior, they will be Faster Lawyer hereby recommends that lawyers who meet with detainees should never lend communication tools to relevant suspects or defendants if they are punished by the association or even held criminally responsible.