Deliver oral message [Content of case entrustment]

The law clearly stipulates the right of lawyers not to be monitored when meeting suspects and defendants. After some suspects, defendants, and clients learned about this provision, they attempted to take advantage of the opportunity to meet with lawyers and ask lawyers to help their families send messages or notes to detained suspects or defendants. Lawyers then became the transmitters of information. Unknown to everyone, Unknowingly, it became a tool for him to communicate case information.

The "Criminal Procedure Law of the People's Republic of China" clearly stipulates that defense lawyers shall meet with suspects and defendants in custody to provide them with legal services, understand the facts of the case, and verify relevant evidence. However, neither the Criminal Procedure Law of the People's Republic of China nor the Lawyers Law of the People's Republic of China stipulate that defense lawyers can deliver oral messages to suspects or defendants in custody.

If the information conveyed is about daily life, it can be understood that the family's concern for the suspect or defendant will help them comply with prison regulations. Faster Lawyer believes that this situation is understandable. However, for information and facts that have nothing to do with life, it is recommended that relevant lawyers must beware of traps, avoid themselves from providing services such as collusion and reversal of confessions, and further falling into crimes and facing professional risks. When signing the entrustment contract, try to make it clear that such matters are not provided by the lawyer. Within the scope of legal services, and the client is clearly informed that if he insists on carrying out such acts, the lawyer may be held criminally responsible.

If the detained suspect or defendant needs to make necessary work handovers with the original unit, it is recommended that he write it in person and submit it to the police at the detention center for review. The detention center will mail it directly to the original unit according to the situation, or it can be forwarded to a lawyer to forward it on his behalf. In this case, it is recommended that the lawyer ask the relevant personnel of the detention center to sign the agreement and keep it. If the defendant asks the lawyer to forward the letter to the lawyer during the meeting, the defense lawyer must collect it after review by the police present and hand it over with their consent. Therefore, Faster Lawyer does not recommend that the relevant lawyers directly help the suspect or defendant hand over the letter to other personnel.