Lawyer to meet regulation prisoners

In China, the lawyer to meet the defendant held in the detention house, though not so smooth, but it is the law, are prescribed in the "criminal law" and "law". But when the final judgment defendants (ruling) convicted, he was sent to prison, the prisoners. If he still refuses to accept, he certainly has the right to appeal. But if he wants to counsel his appeal, or his relatives and lawyers as agents for lawyers to appeal, to the prison to see him? "Criminal Procedure Law" and "law" is no provisions in this regard. I think the "Prison Law" should be stipulated, so I opened the "Prison Law", referring to the fourth chapter of fourth so-called "communication, met with" provisions, see the forty-eighth said: "during the period of criminals in prison, according to the regulations, can be met with relatives, guardians." Here said understand, criminals can be met only relatives and guardians, no can be said to meet with a lawyer. It seems, in this issue, a legal gap.

   However, inmates in prison, still have the potential to become a civil case of the defendant or the plaintiff, also has the potential to become a criminal defendant again. In this case, he shall have the right to hire a lawyer to provide legal services for him, and hired a lawyer and shall have the right to meet with his. So, the Justice Department had issued "Interim Provisions on lawyers to criminals in custody for two thousand and four years in March 19th" (hereinafter referred to as the "Interim Provisions"). "The provisions of article fourth Interim Provisions": "in one of the following cases, lawyers can meet a criminal in custody: (a) in criminal proceedings, to accept the prisoners commission or the people's court appointed, provide legal advice, as the defender or agent; (two) in the administrative proceedings in the civil, custody, accept entrusted by the criminal, act as agent; (three) accept commissioned agent of prisoners, mediation, arbitration; (four) other needs to meet a criminal in custody." Obviously, the provisions of the second, three and the criminal appeal detached; the first said that although the lawyer as a defender or agent, but this is "in criminal proceedings". Here the "criminal procedure", contains only the prisoners become another defendant "criminal procedure" and its appeal is the court started the trial supervision procedures retrial cases, excluding the final judgment after a period of time to judge the appeal presented before supervision program start. But it is precisely this time, prison staff need to counsel he filed a complaint. Other needs to meet a criminal in custody case the provisions of fourth called "." What circumstances, need to meet with? Obviously, the power of interpretation in the prison, and not in the law, people with a "no need" can be shut sb. lawyer. To sum up, the provisions of the Ministry of justice, don't know why I left out the most important case: lawyers filed a complaint to meet in prison inmates.

   "One of the lawyers law" provisions of the seven business is "entrusted, representing all kinds of litigation petition." Here of course including the criminal complaint. In criminal cases the complainant, some are prison staff, some of their relatives. The lawyer is entrusted agency appeal regardless of who, should meet the prisoners. This is not only the prisoners' rights, the rights and obligations and lawyer. The lawyer appointed counsel in the stage of criminal proceedings, is a must to meet the defendant. We cannot think of, the lawyer would not see the defendant to perform defense duties; similarly, we cannot think of, the lawyer would not see the complainant, how can perform appeals duties?

   In 2000 I went to Zhejiang Qiaosi prison meeting the complainant, the Justice Department has not issued the relevant provisions, the prison is first encountered this situation, was very surprised, but very good attitude. After negotiations, was chartered in the prison department meeting office; in 2004, I went to Guangdong Sihui prison meeting the complainant, the provisions of the Ministry of justice has been issued, the prison is very complex, arrange internal meeting in prison room; in 2006 I went to Hunan to meet the Huaihua prison, the prison let I and family together family members meeting room meeting. No matter in what place to meet, the three are met. In December 7, 2007, I went to Shandong Zaozhuang prison inmates for requesting a meeting with Wang Yanzhong, he filed a complaint agent. I follow the "Interim Provisions" the provisions of article fifth, to the prison Wang Yanzhong wife submit a power of attorney signed, submitted by a practicing certificate of the lawyers and law firms lawyers letters prisoners, the prison began to say can not be met, says the study after the answer after. The results of the prison, not in accordance with the "Interim Provisions" of the provisions of article sixth, arrange for an interview within forty-eight hours, and so far more than a month has passed, no reply.

   To remind us of the above, the prison inmates filed a complaint, how to obtain the lawyer help, how to arrange the lawyer to meet, because the law is not clear, the prison arbitrarily large. If he is willing, is arranged to have the lawyers met, if it is not willing to, can not arrange, you can't say he was illegal. Therefore, should be clearly lawyers appeal met with prisoners rights under the law.

   A pressing matter of the moment is present:

   One, the "Prison Law" provisions are not lawyers, the NPC Standing Committee proposed the "Prison Law" forty-eighth article "criminals in prison, according to the regulations, can be met with relatives, guardians" is amended as "period, the criminals in the prison in accordance with the provisions, and may meet with relatives, guardians and appointed his agent defense lawyers." In this way, the Ministry of Justice issued "lawyers to criminals in custody Interim Provisions", have adequate legal basis. As I noted, "Interim Provisions" first said this provision is based on the "law of criminal procedure", "Prison Law" and "law" enacted. "Criminal Procedure Law" gives the party or his legal representative, close relative proposes the right of appeal, "lawyer law" also stipulates the lawyer "complaint" representing all kinds of litigation of the scope of business, this is the lawyer to meet basic prisoners, but these two laws after all not clearly defined law "can meet the prison the prisoners". But the "Prison Law" has no such provisions, the Ministry of justice of the "Interim Provisions" how can it be said that according to the three law?

   Two, suggested that the Ministry of justice revised "Interim Provisions", in the fourth with a: "entrusted by criminals or their close relatives, the court ruling, a legally effective complaint". In this way, it makes up for the loopholes in the law, the criminal appeal cases, whether to accept commissioned officers serving himself, or accept the entrusted to close relatives, can timely meet the complainant, improve the quality of agency work, give full play to the role of lawyers in criminal cases in the complaint function.

   Three, in prison one counsel meeting room. Lawyers, is to understand the case, to provide legal assistance to the complainant. If the arrangement inside the prisons office or meeting with together with family members, is not conducive to the lawyers work.