Detention center restricts communication [lawyer meeting stage]

Article 40 of the "Constitution of the People's Republic of China (2018 Revised Text)" clearly stipulates:

The freedom of communication and the confidentiality of communication of citizens of the People's Republic of China are protected by law. Except for the need for national security or the investigation of criminal crimes, where the public security organs or procuratorial organs inspect communications in accordance with the procedures prescribed by law, no organization or individual may infringe on citizens' freedom of communication and communication confidentiality for any reason.

At the same time, according to the "Criminal Procedure Law of the People's Republic of China" , defense lawyers can meet and communicate with criminal suspects and defendants. Defenders' meetings with criminal suspects and defendants are not monitored .

It can be seen that the right to meet and communicate with criminal suspects and defendants is an effective communication method for criminal defense lawyers, and the detention authority should protect the relevant rights and interests of defense lawyers in accordance with the law. Therefore, if the detention center refuses to forward the communication letter due to the circumstances of the case or other reasons, it is against the law. Unless the defense lawyer has colluded with the suspect or defendant in the communication content, seduced the suspect in custody, or the defendant destroyed evidence, etc., the detention center should unconditionally forward it to the defense lawyer. and allow criminal suspects and defendants in custody to reply to defense lawyers.

In practice, if relevant units ignore defense lawyers’ rights to practice, FasterLawyer recommends that relevant lawyers safeguard their legitimate professional rights and interests, specifically:

• You can try to apply for rights protection through the Lawyers Association.
• Complaints and accusations should be made through the public security organs or higher-level agencies, and requests for correction of the detention center's refusal to fulfill statutory transfer letters should be made.
• Complaints and accusations can be made through the procuratorate or higher-level authorities, and requests for correction of the detention center's refusal to fulfill its statutory obligation to deliver letters should be made.