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Notice by the Ministry of Public Security and the Ministry of Justice regarding Further Safeguarding and Regulating Lawyer Visitation in Detention Centers [Effective]
公安部、司法部关于进一步保障和规范看守所律师会见工作的通知 [现行有效]
【法宝引证码】

Notice by the Ministry of Public Security and the Ministry of Justice regarding Further Safeguarding and Regulating Lawyer Visitation in Detention Centers 

公安部、司法部关于进一步保障和规范看守所律师会见工作的通知

(No. 372 [2019] of the Ministry of Public Security) (公监管[2019]372号)

The public security departments (bureaus) and justice departments (bureaus) of all provinces, autonomous regions, and municipalities directly under the Central Government; and the Public Security Bureau and the Justice Bureaus of Xinjiang Production and Construction Corps: 各省、自治区、直辖市公安厅(局)、司法厅(局),新疆生产建设兵团公安局、司法局:
In recent years, the public security organs and the judicial administrative authorities have strengthened cooperation on continuously innovating collaboration mechanisms, improving safeguard systems, promoting the construction of detention facilities, and protecting the rights of lawyers to visit criminal suspects or defendants in custody in detention centers in accordance with the requirements as prescribed in the Provisions on Legally Protecting Lawyers' Practicing Rights法小宝光宗耀祖支撑着我去教室 (No. 14 [2015], Ministry of Justice), and have produced clear results. However, with the implementation of new policies such as full coverage of defense lawyers in criminal cases and the system of on-duty legal aid lawyers, the number of visits by lawyers to detention centers has increased sharply. This means that the queuing time for lawyer visitation has been too long in some detention centers, and there have been even certain covert restrictions on lawyer visitation, hindering the normal practices of lawyers. In the meantime, several lawyers have violated the relevant provisions on the management of legal visitation, and some individuals have even passed themselves off as lawyers to pay a visit, thus undermining the security of prisons and detention centers. To address this issue, the Ministry of Public Security and the Ministry of Justice, through joint consultation and analysis, issue the following notice of the relevant requirements for further safeguarding and regulating lawyer visitation in detention centers: 近年来,全国公安机关、司法行政机关切实加强协作配合,按照最高人民法院、最高人民检察院、公安部、国家安全部、司法部《关于依法保障律师执业权利的规定》(司发[2015]14号)要求,不断创新协作机制、完善保障制度、加强硬件建设,严格依法保障律师在看守所会见在押犯罪嫌疑人、被告人的权利,取得明显成效。但随着刑事案件律师辩护全覆盖、法律援助值班律师等新制度的实施,看守所律师会见量急剧增多,一些看守所律师会见排队时间过长,甚至出现个别变相限制律师会见的现象,影响了律师的正常执业。同时,个别律师违反会见管理相关规定,甚至发生假冒律师会见等问题,影响了监所安全。对此,公安部、司法部经共同协商研究,现就进一步保障和规范看守所律师会见工作的相关要求通知如下:
I. Arranging lawyer visitation in a timely manner, and protecting their normal practices: Where a defense lawyer requests to visit a criminal suspect or a defendant in custody, a detention center, after verifying the lawyer's practicing license, credentials and power of attorney issued by a law firm, or an official legal aid document, shall arrange a meeting in a timely manner – which means arranging the meeting immediately if possible; and if they are unable to do so, the detention center shall explain the reasons to the defense lawyer and ensure that the defense lawyer can visit the criminal suspect or the defendant within 48 hours. The detention center shall not arrange a meeting under additional conditions or by requiring the defense lawyer to covertly submit documents and materials other than those prescribed by laws; nor shall it refuse to arrange the meeting based on an excuse of not receiving the notice from the case-handling authority. Where a criminal suspect or defendant in custody requests to terminate a lawyer-client relationship, and the defense lawyer requires a meeting with the client to confirm the termination, the detention center shall arrange the meeting; and where the criminal suspect or defendant refuses the meeting in writing, the detention center shall forward the relevant written materials to the defense lawyer.   一、依法安排及时会见,保障律师正常执业。辩护律师到看守所要求会见在押的犯罪嫌疑人、被告人,看守所在核验律师执业证书、律师事务所证明和委托书或者法律援助公函后,应当及时安排会见,能当时安排的应当时安排,不能当时安排的应向辩护律师说明情况,并保证辩护律师在48小时内会见到在押的犯罪嫌疑人、被告人。看守所安排会见不得附加其他条件或者变相要求辩护律师提交法律规定以外的其他文件、材料,不得以未收到办案部门通知为由拒绝安排辩护律师会见。在押犯罪嫌疑人、被告人提出解除委托关系的,辩护律师要求当面向其确认解除委托关系的,看守所应当安排会见;犯罪嫌疑人、被告人书面拒绝会见的,看守所应当将有关书面材料转交辩护律师。
II. Strengthening the development of systems and facilities to meet the demands for lawyer visits: The development of systems shall be enhanced – a detention center shall establish an appointment platform for lawyer visitation, which, under the precondition of protecting the information security of the criminal suspect or defendant in custody, can help lawyers to make appointments through the Internet, WeChat, telephone and other means, but the detention center shall not refuse to arrange a meeting based on an excuse that the lawyer has failed to make an appointment; and if conditions permit, a detention center shall explore the possibility of a video meeting. The construction of meeting sites and facilities shall be improved – a new detention center shall be designed to have at least four meeting rooms per hundred detainees; an already established detention center shall be fully utilized based on its actual conditions and be renovated and expanded in order to increase the number of meeting rooms. If meeting rooms are in short supply, an interrogation room may, upon the written consent of a lawyer, be used for visitation, but audio recording and monitoring equipment shall be turned off. A detention center with a large volume of lawyer visitation may build an express meeting room where visits with less than 30 minutes each can be arranged. The service quality shall be guaranteed – a detention center that meets certain conditions may set up a waiting area for lawyers where necessary service facilities and office equipment can be provided to maximize the convenience of lawyer visitation. lawyers may use their own computers during the visit, but they shall abide by the laws and regulations to ensure adequate security. If the requirements of a lawyer cannoy be met during normal visiting hours, the visit may be extended upon the approval of the detention center's administrator, or be arranged on a weekend or holiday.   二、加强制度硬件建设,满足律师会见需求。要加强制度建设,看守所应设立律师会见预约平台,在确保在押人员信息安全的前提下,通过网络、微信、电话等方式为律师预约会见,但不得以未预约为由拒绝安排律师会见,有条件的地方可以探索视频会见。要加强会见场所建设,新建看守所律师会见室数量要按照设计押量每百人4间的标准建设,老旧看守所要因地制宜、挖掘潜力,通过改建、扩建等办法,进一步增加律师会见室数量。在律师会见室不足的情况下,经书面征得律师同意,可以使用讯问室安排律师会见,但应当关闭录音、监听设备。律师会见量较大的看守所可设置快速会见室,对于会见时间不超过30分钟的会见申请,看守所应安排快速会见。要加强服务保障,有条件的看守所可设立律师等候休息区,并配备一些必要的服务设施及办公设备,最大限度为律师会见提供便利。律师可以携带个人电脑会见,但应当遵守相关法律法规的规定,确保会见安全。在正常工作时间内无法满足律师会见需求的,经看守所所长批准可适当延长工作时间,或利用公休日安排律师会见。
III. Encouraging information sharing and collaboration, and ensuring the detention order and security: The Ministry of Public Security and the Ministry of Justice shall establish a nationwide lawyer information sharing mechanism to share relevant information such as qualifications and practicing conditions of lawyers in China and shall also further standardize the formats of power of attorney, letter of introduction for lawyer visitation, letter of criminal legal aid (agent), and other documents. Lawyers shall abide by the security management provisions of detention centers. No articles prohibited shall be brought into the meeting area; no person other than a legal assistant, translator or other person verified or permitted by the case-handling authority shall be allowed to participate in lawyer visitation. No communications devices shall be provided to the criminal suspect or defendant. No prohibited articles or documents shall be passed to the criminal suspect or defendant. If a lawyer is found to violate the provisions during a visit, the detention center shall stop the violation immediately and report it to the judicial administrative authority or bar association at the same level in a timely manner. If a lawyer holds that his or her right to visit is infringed upon, he or she may file a complaint to the detention center and the competent public security organ, judicial administrative authority, bar association or procuratorial organ. The public security organ shall publicize the information of the authority that accepts the complaint, including the name, contact person, and contact details. The judicial administrative authority and the bar association shall work with the relevant authorities to clamp down on law firms that illegally set up offices close to detention centers, and shall investigate and punish the acts of practicing in violation of the relevant provisions, competing for business by unfair means, and disrupting the normal order of lawyer visitation.   三、加强信息共享和协作配合,确保羁押秩序和安全。公安部、司法部建立全国律师信息共享机制,共享全国律师的执业资格、执业状态等相关信息,并进一步规范辩护委托书、会见介绍信和刑事法律援助辩护(代理)函等文书的格式。律师应当遵守看守所安全管理规定,严禁携带违禁物品进入会见区,严禁带经办案单位核实或许可的律师助理、翻译以外的其他人员参加会见,严禁将通讯工具提供给犯罪嫌疑人、被告人使用或者传递违禁物品、文件。发现律师在会见中有违规行为的,看守所应立即制止,并及时通报同级司法行政机关、律师协会。律师认为自己的会见权利受到侵害的,可以向看守所及所属公安机关、司法行政机关、律师协会或者检察机关投诉,公安机关应当公开受理律师投诉的机构名称和具体联系人、联系方式等。司法行政机关和律师协会要协同相关部门依法整治看守所周边违法设点执业的律师事务所,严肃查处违规执业、以不正当手段争揽业务和扰乱正常会见秩序等行为。
All local authorities shall report the implementation of new policies and any problems encountered in their work to the Prison Administration Bureau of the Ministry of Public Security and the Lawyers' Work Bureau of the Ministry of Justice in a timely manner. 各地贯彻落实情况及工作中遇到的问题,请及时报公安部监所管理局、司法部律师工作局。
Ministry of Public Security 

公安部

Ministry of Justice 司法部
October 18, 2019 2019年10月18日

     
     
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