Beijing PSB: Few Criminal Suspects Meet With Lawyers During the First Stages of Detention

July 1, 2005

About 14.5 percent of criminal suspects in Beijing meet with a lawyer during the first 48 hours of detention, according to an article in the Beijing Youth Daily. In cooperation with an NPC inspection of the implementation of the PRC Lawyers Law, the Beijing Public Security Bureau (PSB) surveyed 51,184 criminal detentions between October 2003 and April 2005 and found that only 7,425 suspects met with lawyers during the first 48 hours of detention.

About 14.5 percent of criminal suspects in Beijing meet with a lawyer during the first 48 hours of detention, according to an article in the Beijing Youth Daily. In cooperation with an NPC inspection of the implementation of the PRC Lawyers Law, the Beijing Public Security Bureau (PSB) surveyed 51,184 criminal detentions between October 2003 and April 2005 and found that only 7,425 suspects met with lawyers during the first 48 hours of detention. A PSB official attributed the low rate to poor legal consciousness, a perception on the part of suspects that lawyers won't do them any good, and financial barriers faced by suspects. The article asserts, however, that the most important reason for the low representation rate is that police and prosecutors do not trust lawyers and are cautious about allowing lawyers to intervene during the investigation stage of a case. Beijing is considered among China's most legally advanced locales, so it is likely that even a smaller percentage of suspects meet with lawyers in less-developed parts of the country.

In a related article, the Legal Daily cited survey data indicating that only 4.6 percent of criminal defendants meet with their lawyers within the first three days of detention, an even lower figure than that cited by the Beijing PSB. It too noted the problem of public security interference with lawyers, citing one longtime defense lawyer who said that meeting with his clients continues to be a “huge headache” and that while some defense lawyers are able to meet their clients, the number of meetings, time, content, and other matters are still subject to a heavy restrictions.

Under Article 96 of the PRC Criminal Procedure Law, criminal suspects have the right to appoint an attorney after their first interrogation or from the first day of their detention. As numerous domestic sources have documented, however, police often prevent or obstruct suspects from meeting with their lawyers, even when suspects have the legal right to do so. The issue has taken on increased prominence in the wake of a recent national discussion over torture and coerced confessions. Currently, three Chinese districts are experimenting with allowing lawyers to be present at interrogations, and scholars and experts are discussing the possibility of permitting such access nationwide (see related story here).