The detention center will not arrange interviews [at the lawyer interview stage]

During the investigation stage, defense lawyers meet with suspects to learn about the suspect's alleged crimes, facts involved in the case, and the circumstances of criminal coercive measures taken, etc., and then provide legal assistance and represent complaints and accusations. Meetings are the most basic way for lawyers to understand the facts of the case, and they are also the basis for defense lawyers to carry out defense work.

According to the "Criminal Procedure Law of the People's Republic of China" , during the investigation stage, defense lawyers need to obtain permission from the case-handling agency to meet with criminal suspects in custody suspected of crimes endangering national security and terrorist activities. In reality, it is in compliance with the law for the detention center to deny access to lawyers on the grounds that "it is suspected of committing crimes endangering national security and requires permission from the case-handling agency."

The "Regulations on Legally Protecting the Rights of Lawyers to Practice" clearly stipulates that for cases suspected of national terrorism crimes, lawyers have the right to apply for an interview, and the case handling agency should respond in writing and clarify the reasons for not allowing the interview and the contact information of the specific case handlers. If encountering a case where interviews are not allowed, the lawyer handling the case should promptly contact the case handler through relevant stated information to communicate whether the case is a "situation that hinders the investigation." If it does hinder the investigation, the lawyer should also track the progress of the case and communicate with Personnel handling the case maintain communication. Once the situation that hinders the investigation disappears, the defense lawyer can apply for an interview. At this time, it is illegal for the case handling agency to refuse the interview again. The lawyer can further protect his rights through the Lawyers Association.

During the actual handling of a case, if a lawyer encounters a detention officer who refuses to meet due to the above reasons, FasterLawyer recommends that the lawyer consider the following methods:

• Request the detention center to produce legal documents and the stages of crimes suspected of endangering national security or terrorist activities to prove that the detention charges comply with the restrictions on access under the Criminal Procedure Law.
• Request the detention center to provide the specific names and contact information of the case-handling agencies and personnel to facilitate communication with them and track the progress of the case.
• Prepare an application for interview, name the basis and reasons for the interview, submit it to the relevant case-handling agency, and apply for permission from the investigation agency for the lawyer to interview the criminal suspect in custody.
• If the detainee is not involved in a national terrorism case, the defense lawyer shall protect his or her interview rights in accordance with the law in accordance with the Criminal Procedure Law of the People's Republic of China and the Provisions on Legally Protecting Lawyers' Rights to Practice.
• Complain to the superior authority handling the case.
• Complain and accuse to the inspection agency.

The following suggestions are provided for the preparation of application forms:

• My signature and official seal of the law firm.
• Attached are copies of the power of attorney, special introduction letter for lawyer meetings, client’s ID card, proof of kinship, lawyer’s practicing certificate and other materials.
• The detention center refused to provide evidence for the interview.

The above legal basis comes from Article 9 of the "Provisions on Legally Protecting Lawyers' Rights to Practice" :

• During the investigation period, if a defense lawyer requests to meet with a criminal suspect in custody for a crime endangering national security, a crime involving terrorist activities, or a particularly major bribery crime, he shall submit an application to the investigation agency. The investigative agency shall promptly review the defense lawyer's request for a meeting in accordance with the law, respond to the defense lawyer in writing with a decision on whether to grant permission within three days, and clearly inform the contact information of the department and staff responsible for contacting the defense lawyer. If the interview is allowed, a permission decision document shall be issued to the defense lawyer; if the interview is not allowed because it hinders the investigation or may leak state secrets, the reasons shall be explained to the defense lawyer. After the circumstances that hinder the investigation or may reveal state secrets disappear, the interview shall be allowed and the detention center and defense lawyer shall be notified in a timely manner. Before the investigation of a particularly serious bribery case is concluded, the investigative agency shall allow the defense lawyer to meet with the criminal suspect at least once.
• The investigative agencies shall not arbitrarily interpret or expand the scope of the three types of cases mentioned in the preceding paragraph, or restrict visits by lawyers.