After a criminal suspect is interrogated by an investigation organ for the first time or counting from the day on which compulsory [detention] measures are adopted against him, he may appoint a lawyer to provide him with legal advice and to file petitions and complaints on his behalf.
However, it is important to remember there is no Attorney-Client privilege in China. All attorney to client communications may be monitored or subject to discovery in court.
If the criminal suspect is arrested, the appointed lawyer may apply on his behalf for obtaining a guarantor pending trial. If a case involves State secrets, the criminal suspect shall have to obtain the approval of the investigation organ before appointing a lawyer. The appointed lawyer shall have the right to find out from the investigating organ about the crime the defendant is suspected of, and may meet with the criminal suspect in custody to enquire about the case.
When the lawyer meets with the criminal suspect in custody, the investigation organ may, in light of the seriousness of the crime and where it deems it necessary, send its people to be present at the meeting.
If a case involves State secrets, before the lawyer meets with the criminal suspect, he shall have to obtain the approval of the investigation organ.
A criminal suspect in a case of public prosecution shall have the right to entrust persons as defense counsel from the date on which the case is transferred for examination before prosecution.
A People’s Procuratorate (Prosecutor) shall, within three days from the date of receiving the file record of a case transferred for examination before prosecution, inform the criminal suspect that he has the right to entrust persons as his defenders.
A People’s Court shall, within three days from the date of accepting a case of private prosecution, inform the defendant that he has the right to entrust persons as his defenders.