Legal Instruments: Letter reflecting the situation in which the Public Security Bureau of Samchon City hides the whereabouts of criminal suspects in custody and deprives lawyers of the right to meet with them

Honorable Leader:

I am Shanghai Jintiancheng (Zhengzhou) Law Firm practicing lawyer Liu Chen, Sanchuan City Public Security Bureau of organized crime investigation detachment and Yangcheng County Public Security Bureau jointly investigated the 9.99 special case of criminal suspects Lao Yang’s defender.

We request the leadership to pay attention to the situation of the organized crime investigation detachment of the public security bureau of Sanchuan city and the public security bureau of Yangcheng county in concealing the whereabouts of criminal suspects in custody, restricting the exercise of the right of lawyers to meet with them, and seriously violating the Criminal Procedure Law in carrying out criminal investigative activities.

After the defender contacted the Sanchuan Chenzhou District Detention Center by phone, the front desk staff of the Detention Center told the defender that Lao Yang had been transferred to an overseas detention center, and that the specific place of detention was unclear and needed to be verified with the authorities handling the case.

The defenders then contacted the police officer in charge of the task force, explaining the situation and expressing the hope that the task force would inform the defenders of Lao Yang’s current place of detention, what kind of coercive measures he was being subjected to, and safeguard the lawyers’ right to meet with him and other related demands. But the contractor police officer responded in a perfunctory and arrogant manner, saying: “(on the specific whereabouts of Lao Yang) do not know, not clear.” The defense asked, “Then, in this case we are working on, where the person is being held, we don’t know, we don’t have a good grasp of it?” The officer in charge of the case still replied: “I don’t know, I don’t know.”

9.99 special case, is the Sanchuan City District has a greater influence on the major cases, but also has the color of black-related crimes, the defense resolutely support the Sanchuan City Public Security Bureau and Yangcheng County Public Security Bureau in accordance with the law to carry out investigative activities, to combat crime, and to protect the legitimate rights and interests of the people.

However, the defense also believes that, as a national public authority, the Sanchuan City Public Security Bureau and Yangcheng County Public Security Bureau should perform their duties in accordance with the law within the scope of legal authorization, and cannot carry out investigative activities in a way that hides the whereabouts of suspects in custody and restricts the right of lawyers to meet with them.

During the investigative stage of criminal proceedings, defenders enjoy the right to know the facts of the case in accordance with the law and the right to meet with the suspect in a timely manner.9.99 The refusal of the task force to inform the defenders of the whereabouts of the suspects in custody seriously infringed upon the lawful rights of the defence lawyers to know the facts of the case and to meet with the suspects in a timely manner.

On the right to know the facts of the case:

Article 38 of the Criminal Procedure Law stipulates: “Defense lawyers may provide legal assistance to criminal suspects during the investigation; represent them in complaints and charges; apply for changes in coercive measures; and learn from the investigating authorities about the charges of which the criminal suspects are suspected and the relevant circumstances of the case, and give their opinions.”

Article 42 of the Provisions on Procedures for Handling Criminal Cases by Public Security Organs stipulates that: “The public security organs shall guarantee that defense lawyers engage in the following practice activities in accordance with the law during the investigative stage.

(i) To obtain information from the public security authorities on the charges against the suspects and the relevant circumstances of the case, and to give its opinion thereon;

(ii) Meeting and corresponding with suspects and obtaining information about the case from the suspects;

(iii) Providing legal assistance to criminal suspects and representing them in complaints and accusations;

(iv) Apply for a change of coercive measures on behalf of a criminal suspect.

Article 50 of the Provisions on Procedures for Handling Criminal Cases by Public Security Organs stipulates, “Where a defense counsel seeks information about the case from the public security organ, the public security organ shall, in accordance with the law, inform the person to whom it has entrusted or assigned the defense counsel of the crime of which the suspect is suspected, as well as the main facts of the crime that have been ascertained at the time, and of the circumstances relating to the case, such as the fact that the suspect has been subject to, or has been subjected to, changes in, or the lifting of, the mandatory measures, or the extension of the time limit for the period of detention for the purpose of investigation. commissioned or assigned defense counsel, and record it in the record.”

On the right to timely access to criminal suspects:

Article 39, paragraph 2, of the Criminal Procedure Law stipulates that: “If a defense lawyer holding a lawyer’s practice certificate, a certificate from a law firm and a power of attorney or an official letter of legal aid requests to meet with a criminal suspect or defendant who is in custody, the detention center shall promptly arrange for the meeting, which shall not exceed forty-eight hours at the latest.”

Article 53 of the Provisions on Procedures for Handling Criminal Cases by Public Security Organs stipulates that: “When a defense lawyer requests to meet with a criminal suspect in custody, the detention facility shall, after checking his or her lawyer’s practice certificate, proof of the lawyer’s firm and power of attorney or official letter of legal aid, arrange for the lawyer to meet with the criminal suspect within forty-eight hours, and at the same time notify the department handling the case. “

In addition, the weather is turning cold and winter is approaching, and when the defenders last met with Lao Yang, he was still wearing a single garment from the summer and autumn seasons; at a time when centralized heating is about to be fully activated in society, it is inconceivable that Lao Yang, dressed in a single garment, will be able to survive the cold winter months. In accordance with the law to inform the old Yang’s incarceration destination, at least give his family to send two pieces of winter clothing to keep warm. This is not only the bottom line requirement for the civilized handling of the case authorities, but also helps to make the old Yang feel the warmth and leniency of the judiciary, and helps him to better cooperate with the work of the case authorities.

In summary, the defender requests the leadership to concern about the 9.99 Task Force to hide the suspects Lao Yang in custody, depriving lawyers of the right to meet with the relevant situation, hope that the leadership busy schedule concern to solve for the sake of hope.

Here’s to it.

80后刑事律师的办案手记，专注无罪辩护，反抗者的灵魂从未远去。联系方式：[email protected]

Continue reading the full text of “Legal Letter: A Letter Reflecting the Situation of the Public Security Bureau of Samchon City Hiding the Whereabouts of Criminal Suspects in Custody and Depriving Lawyers of the Right to Meet with Them”…

Categories: Criminal Defense Practice | Tags.Zhengzhou Criminal Lawyer，not guilty plea (law)，死磕，imprison sb. under an alias，Detention in a different place，Restrictions on meetings，root out evil， | Add a comment(3)

Latest Comments.

2024-11-21 16:57:48 pmI’m not sure if it’s a good idea, but I’m sure it’s a good idea.
2024-11-21 16:47:02 PMI didn’t realize I had a lawyer friend in the blogosphere.
2024-11-21 16:33:21 pmLi Bai to bring wine: follow-up progress: the problem has been resolved, the current defense has successfully met with Lao Yang.

Latest Comments.

Related articles.