Meetings are one of the work contents unique to handling criminal cases, generally referring to lawyers entering detention centers to meet criminal suspects. For trainee lawyers, if they have no previous experience working in a law firm, it is difficult to know how to prepare for the meeting. This article will combine my work experience to tell you the general process and work content.
I. Learn about detention center meeting information in advance
(1) Determine the contact information and address of the detention center
。 Generally speaking, the address and contact information of the local detention center can be obtained by asking the colleagues around you. For foreign detention centers, they generally look for their contact information first, and then confirm their addresses and other information by phone. If you really can't find the contact information of the detention center, you can dial "When the area code + 114" to inquire, and the accuracy rate can be said to be reasonable. At present, this situation has improved, taking Nanjing as an example, you can go to the "Nanjing Public Security Supervision" public account to check the addresses and contact information of the detention centers in Nanjing.
(2) Understand the regulations for meetings and make an appointment for meetings in advance
The pandemic has brought new changes to various industries, as has the legal profession. Based on the requirements of the fight against the epidemic, the meetings of detention centers in various places have adopted a combination of offline and online (remote), but the specific requirements and processes are very different.
1. Can I meet offline? Do I need to make a reservation in advance?
2. Do you need other documents in addition to the "three certificates" for offline meetings? (Since the epidemic, detention centers in many areas have required lawyers to carry documents such as the "Epidemic Commitment Letter")
3. Do I need to do nucleic acids? Does the nucleic acid testing hospital need to be done in the hospital where the detention center is located? How many hours does it take to get a nucleic acid test certificate?
4. Do I need to bring individually encapsulated masks, shoe covers, head covers, protective clothing, etc.?
5.Can a lawyer from xx place go to meet?
6. Is the address of the detention center xxxxxx?
(The following questions are for remote meetings)
7. Do I need to make an appointment for remote meetings? How do I make a reservation?
8. Where is the remote meeting location? (May be in detention centers, public security bureaus, lawyers associations, etc.)
9. Do remote meetings require going to the detention center to check the formalities first?
10. Do I need to go to the detention center to submit materials and make an appointment in person for remote meetings? Can i submit documents separately by a trainee lawyer?
11. Is it necessary to submit documents other than the "three certificates" and nucleic acid test certificate for remote meetings?
Second, carefully check the formalities and prepare the meeting materials
After completing the above steps and determining the time and place of the meeting, everyone needs to carefully check whether the formalities are complete before going to the meeting, generally speaking, in addition to the "three certificates" (see article 39 of the Criminal Procedure Law for details), all kinds of materials required by the detention center and the identity materials of the client (copies of ID cards, etc.) are also required. If the client is not a criminal suspect, it is also necessary to prepare materials on the relationship between the client and the criminal suspect (copy of the household registration book, etc.). In addition, it is necessary to decide whether it is necessary to carry case file materials as appropriate.
Before leaving, check whether the information of the relevant documents is filled in accurately, such as the name of the detention center, the name of the lawyer, the name of the party, the suspected crime, etc., to prevent the occurrence of the situation that the information is filled in incorrectly and cannot be met, which will greatly reduce your professional image.
Electronic devices with audio and video recording functions are not allowed during the meeting, and it is strictly forbidden to carry mobile phones into the meeting room. Some detention centers require that laptops cannot be brought in, so everyone needs to prepare paper blank meeting records and pens in advance to prevent situations where it is impossible to record the contents of meetings with computers. If the lawyer handling the case asks everyone to actually handle the case, it is best to prepare the questions that need to be asked in advance.
Third, abide by professional regulations and refuse illegal requests
When meeting with criminal suspects, we must always pay attention to the fact that we must not violate professional regulations. In addition to the aforementioned prohibition of carrying electronic devices into the meeting room, there are also prohibitions on intern lawyers meeting independently, prohibitions on carrying slips of paper, and prohibitions on handing cigarettes to criminal suspects. Usually, when such situations arise, the lawyer will handle it, but we also need to protect ourselves from risks. In addition, there have been cases in which the suspect provides a telephone number during the meeting and requests a lawyer to call it after he goes out. Trainee lawyers should be vigilant about such requests, and should not casually believe the criminal suspect's arguments, thus burying their career path.
The above is my summary of the precautions for trainee lawyers to follow the case-handling lawyers, and I hope it will be helpful to everyone