The Ministry of Justice ("MOJ") has recently issued the Provisions for Lawyers to Meet Criminals in Prison (the "Provisions"), taking effect immediately from the issue date.
The Provisions clearly specify that a prison shall make public the ways for lawyers to make an appointment to meet criminals behind bars. Lawyers' meeting with criminals in custody shall take place in prison. The prison shall arrange for lawyers to meet individuals in jail at a proper place to facilitate lawyers' meeting and access to case files. Further, the Provisions specify six circumstances where lawyers are permitted to meet criminals in jail. Under the circumstances specified in the Provisions, the prison shall schedule the meeting in time. If it is possible to schedule the meeting immediately, the prison shall do so; otherwise, the prison shall state the reasons and schedule the meeting within 48 hours. Additionally, the Provisions state that where a lawyer is entrusted by the criminal's guardian or close relative on his or her behalf, the lawyer shall confirm the entrustment with the criminal himself or herself when meeting the criminal for the first time. Furthermore, the Provisions stress that the defense lawyer's meeting with the criminal under detention at the stage of case investigation, prosecution or hearing shall not be monitored, and the prison shall not instruct any police officer to be present at the meeting place.