The detention center prohibits lawyers from verifying evidence [lawyer interview stage]

Lawyers verifying evidence with criminal suspects and defendants is a prerequisite for effective defense.

The defense lawyer is not a party to the case and has no real experience of the actual circumstances of the case, while the criminal suspect and defendant are witnesses of the case and are familiar with the case. Therefore, it is important for lawyers to verify evidence with criminal suspects and defendants.

The "Criminal Procedure Law of the People's Republic of China" and other laws and regulations clearly stipulate that lawyers of the People's Republic of China can verify relevant evidence from criminal suspects and defendants. However, the methods and methods for verifying evidence are not clearly stipulated in laws and regulations. In judicial practice, different lawyers use different methods to verify evidence, but generally speaking, lawyers should carefully verify evidence while protecting their own safety.

According to the relevant provisions of the "Measures for the Administration of the Practice of Lawyers" , the exchange of case facts between lawyers and criminal suspects and defendants should be one-way. They can only be statements about the case facts between criminal suspects and defendants. Lawyers cannot The parties disclose relevant case and evidence information. When meeting with criminal suspects and defendants, lawyers cannot disclose evidence such as the confessions of co-defendants to them, otherwise they will be considered to be suspected of collusion. Therefore, during the actual defense process, FasterLawyer recommends that all lawyers and The client should exercise caution at this point.

In the course of practice, during the self-examination and prosecution stage, defense lawyers can verify relevant evidence with criminal suspects and defendants. If the detention center prohibits lawyers from verifying relevant evidence, FasterLawyer recommends the following:

• The defense lawyer shall provide the legal basis for the lawyer to verify the evidence in accordance with the law, and the lawyer shall then exercise the right to defend in accordance with the law.
• When necessary, the defense lawyer can report to the detention center's competent department and the inspection room at the detention center that the detention center restricts the lawyer's rights to visit and defend, and seek support from relevant departments.
• For illegal activities involving detention centers, lawyers can complain or accuse them to relevant departments or apply to the Bar Association for rights protection.