The meeting was monitored and monitored [lawyer meeting stage]

Our country's current "Criminal Procedure Law of the People's Republic of China" gives defense lawyers the right not to be monitored when meeting suspects and defendants, which plays a certain role in the balance of procedural rights between the prosecution and defense from a procedural perspective. However, the current law does not stipulate the legal consequences if a lawyer is monitored during a meeting, nor does it prohibit surveillance and stipulate its legal consequences.

In the actual judicial practice of our country, most of the interview rooms of detention agencies are equipped with cameras. The investigative agency may use this to monitor the content of the meeting and exchanges between the two parties in the name of ensuring the order of the interview. This not only limits the confidentiality of the meeting between the lawyer and the person being prosecuted, The infringement is very likely to be further used to hold lawyers criminally responsible for perjury.

If you encounter the above situation in practice, FasterLawyer recommends that you consider suspending the interview, retain relevant evidence such as the running status of the audio and video equipment, and apply to the municipal judicial authority where the law firm is located and its affiliated lawyers association to maintain the legal right to interview.

The defender also has the right to lodge a complaint with the People's Procuratorate at the same level or at a higher level or accuse the detention center and its staff of obstructing their ability to exercise litigation rights in accordance with the law.