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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction: Ministry of Justice of Turkey General Directorate of Prisons and Detention Houses’ aims to develop its prison services. For this reason, in variety of services, new implementations are being researched. They are writing a report about ’Lawyer Meetings in Prisons’. In this content, they would like to know what are the practices in other European countries in regards to meetings between convicts/detainees and lawyers in prison. Therefore, we kindly ask you to answer the questions related to the topic detailed above.
No
What is the frequency of meetings between a lawyer and convict/detainee?It could be once a day, once a week or more seldom. It depends on the need of the lawyer at the present time for the convict/detainee. The Swedish Prison and Probation Service (SPPS) can´t deny the convict to meet or call the lawyer.
Can a convict/detainee meet, together or separately, with how many attorneys at most at the same time?There are no formal restrictions but it is not commonly occurring that you meet more than one lawyer at the same time.
For what reasons is the meeting between a convict/detainee and lawyer restricted?There are no restrictions.
Is the meeting with lawyer monitored? Is there a separate meeting room? If yes, how is its physical structure?The meeting is not monitored, they meet in a separate meeting room with an alarm inside. Sometimes if needed depending on the lawyers safety personnel are outside the door.
If there is an act between a lawyer and a convict/detainee, which constitutes a crime, what actions are taken?If it´s an obviously criminal act the SPPS make a report to the police.
No
What is the frequency of meetings between a lawyer and convict/detainee?Lawyer’s work organization. We do not step in.
Can a convict/detainee meet, together or separately, with how many attorneys at most at the same time?The number of lawyers is up to the detainee. If many lawyers represent the detainee and they all come at the same time, there may not be enough space to receive them all in one visiting room.
For what reasons is the meeting between a convict/detainee and lawyer restricted?No restriction
Is the meeting with lawyer monitored? Is there a separate meeting room? If yes, how is its physical structure?We do have a visual check on visits with lawyers, which is a form of monitoring.
If there is an act between a lawyer and a convict/detainee, which constitutes a crime, what actions are taken?In case of a crime we have the duty to inform the Public Prosecutor (Article 29 of the Belgian Code of Criminal Procedure).
Prison Service Instruction - 16/2011 – Providing Visits and Services to Visitors does not stipulate a difference in access to legal visits between convicted and remand prisoners.
What is the frequency of meetings between a lawyer and convict/detainee?Prison Service Instruction - 16/2011 - does not limit the number of legal visits a prisoner can access. This will be decided by each prison Governor and dependant on local resources.
Can a convict/detainee meet, together or separately, with how many attorneys at most at the same time?Prison Service Instruction - 16/2011 - does not stipulate the acceptable number of legal officials who may attend a legal visit. This would be decided by each prison Governor, but numbers should be reasonable in order to facilitate the visit in a safe and secure environment which does not jeopardise the good order or discipline/security of the establishment.
For what reasons is the meeting between a convict/detainee and lawyer restricted?Legal visits are subject to Prison Rule 38 (YOI Rule 16): the legal adviser of a prisoner in any legal proceedings, civil or criminal, to which the prisoner is a party shall be afforded reasonable facilities for interviewing him in connection with those proceedings, and may do so out of hearing but in the sight of an officer. A prisoner’s legal adviser may, subject to any directions given by the Secretary of State, interview the prisoner in connection with any other legal business out of hearing but in the sight of an officer and are for the purpose of: • Discussing ongoing or possible legal proceedings to which the prisoner is a party. • Discussing other legal business such as the sale of property or making a will. • Allowing a prisoner to consult their legal adviser about a forthcoming adjudication Anything other than this would be restricted. Also if there was any intelligence regarding the conveyance of prohibited items the Governor could prevent the visitor access or move to a closed visit area where personal contact is restricted.
Is the meeting with lawyer monitored? Is there a separate meeting room? If yes, how is its physical structure?Prison Service Instruction - 16/2011 – sets out that official and legal visits should take place in an area that is conducive to the needs of such visits. Measures are in place to ensure that official visits – particularly those from legal advisers and consular officials – should take place within sight but out of hearing range of staff, other prisoners and their official visitors. In determining where an official visit takes place, consideration should be given to the purpose of that visit and how to meet the prisoner and visitor needs within the existing physical layout of the visiting area. It is not good practice to book legal visits in the main visits area, but if there is no interview room then staff must ensure there is sufficient space between the tables so that conversations cannot be overheard.
If there is an act between a lawyer and a convict/detainee, which constitutes a crime, what actions are taken?There is no difference in dealing with legal visitors regarding committing crime in prison and the actions would be the same. The police would be called and the visitor held until they arrive and handed over or if this is not possible evidence is collected and passed on to the police. The visitor would be banned from further visits to this and other prisoners as per PSI 15/2011 – Management and Security at Visits.
No, not in general. There is only one exception in the pre-trial stage or in case of a final conviction on the basis of the following compelling reasons: a) where there is an urgent need to avert serious adverse consequences for the life, liberty or physical integrity of a person, b) if certain facts substantiate the urgent suspicion that substantial jeopardy is posed by a terrorist organisation and c) where immediate action by the investigative authorities is imperative to prevent substantial jeopardy. In these single cases the correspondence and verbal communication with the lawyer can be interrupted (for both – inmates that are convicted and inmates that are on remand). But: when the main proccedings are opened and the inmate is still on remand the interruption is no longer allowed; in this case there may be restrictions according to sections 138a German Code of Criminal Procedure (Exclusion of defence counsel) or section 148 German Code of Criminal Procedure (Defence counsel-client communication) (numbers 4 /5 below).
What is the frequency of meetings between a lawyer and convict/detainee?The frequency and the duration are not limited. Sometimes there are practical arrangements concerning the times of visit depending on the internal organisation of the prison.
Can a convict/detainee meet, together or separately, with how many attorneys at most at the same time?A convict/detainee should not have more than three lawyers chosen by himself plus a not specified number of court-appointed defence councels. A convict/detainee can meet with all his attorneys at the same time.
For what reasons is the meeting between a convict/detainee and lawyer restricted?There is no general restriction. The defence counsel shall be excluded from participation in proceedings if he is strongly suspected, or suspected to a degree justifying the opening of the main proceedings, 1. of being involved in the offence which constitutes the subject of investigation, 2. of abusing communication with an accused who is not at liberty for the purpose of committing criminal offences or substantially endangering the security of a penal institution, or 3. of having committed an offence which in the event of the conviction of the accused would constitute accessoryship after the fact, obstruction of justice or handling stolen goods. The defence counsel shall also be excluded from participation in proceedings the subject of which is a criminal offence pursuant to section 129a German Criminal Code (Forming terrorist organisations), also in conjunction with section 129b subsection (1) German Criminal Code (Criminal and terrorist organisations abroad; extended confiscation and deprivation), if certain facts substantiate the suspicion that he has committed or is committing one of the acts designated in numbers 1 and 2 above. A defence counsel shall also be excluded from participating in proceedings in special cases (enumerated in section 138b German Code of Criminal Procedure) when there is reason to assume that his participation would endanger the security of the Federal Republic of Germany.
Is the meeting with lawyer monitored? Is there a separate meeting room? If yes, how is its physical structure?In general the meeting is not monitored. There is only one exception: If an accused who is not at liberty is strongly suspected of having committed an offence pursuant to section 129a German Criminal Code (Forming terrorist organisations), also in conjunction with section 129b subsection (1) of the German Criminal Code (Criminal and terrorist organisations abroad; extended confiscation and deprivation), the court shall order that in communication with defence counsel documents or other items shall be rejected if the sender does not agree to their being first submitted to the court competent. Where written correspondence is subject to monitoring pursuant to the first sentence, devices which exclude the possibility of handing over documents and other items shall be put in place for conversations with defence counsel. There are strictly separated areas or separate meeting rooms with a table and chairs and an alarm button. The confidentiality of communication between the convicts/detainees and their lawyer(s) is respected. Safety and security of the lawyer and the convict /detainee are ensured.
If there is an act between a lawyer and a convict/detainee, which constitutes a crime, what actions are taken?A criminal investigation against the lawyer is started. There is a special procedure for excluding defence councels following the rules of sections 138c German Code of Criminal Procedure (Procedure for excluding defence counsel) and 138d German Code of Criminal Procedure (Oral hearing; immediate complaint).
As Prison Rules 2011 Paragraph 66
Can a convict/detainee meet, together or separately, with how many attorneys at most at the same time?As Prison Rules 2011 Paragraph 66
For what reasons is the meeting between a convict/detainee and lawyer restricted?As Prison Rules 2011 Paragraph 66
Is the meeting with lawyer monitored? Is there a separate meeting room? If yes, how is its physical structure?As Prison Rules 2011 Paragraph 66
If there is an act between a lawyer and a convict/detainee, which constitutes a crime, what actions are taken?As Prison Rules 2011 Paragraph 66. A police investigation would be undertaken.
In Norway, there are several rules in the Criminal Procedure Act for the appointment of defence counsels in criminal cases. If the terms of the Criminal Procedure Act are fulfilled, the court shall appoint a defence counsel to the offender. This defence counsel will receive documentation on the appointment and the documentation shall be displayed in the prison on client visits. When there is a defence counsel who visits the client there is a special protection against visiting control for the defence counsel. Other visitors may be controlled before the visit, for example by metal detector and drug dog, conversations listened into, etc. These rules do not apply to defence counsels, unless the inmate is placed in a maximum security unit. It is only the attorney who is appointed by the court the no-control rule apply to. Other attorneys wishing to talk to inmates in connection with criminal proceedings, for example because the lawyer wants the inmates to choose him/her for the assignment, will be treated as ordinary visitors. The same rules as for defence counsels in criminal cases apply to lawyers with a civilian assignment for the client, for example in a child welfare case.
What is the frequency of meetings between a lawyer and convict/detainee?The defence counsels may visit his client when he and the client so wish, unless there are capacity barriers for the prison. The prison also has the right to limit visit time according to prison daily operation and necessary safety preparations.
Can a convict/detainee meet, together or separately, with how many attorneys at most at the same time?If the court has appointed more than one defence counsel for the inmate, the meeting can be held with both/all. The same applies for one or more attorneys from the same company, unless of course there is a conflict of interest.
For what reasons is the meeting between a convict/detainee and lawyer restricted?The court may by order decide that the person remanded in custody can be subject to special restrictions regarding visits, communication and contact with other prisoners. If so only the defence counsel can freely visit the inmate. All other attorneys (or other visitors) must be clarified by the prosecution office. For inmates in maximum security units it is also, according to special rules, possible to apply security restrictions for the defence counsels.
Is the meeting with lawyer monitored? Is there a separate meeting room? If yes, how is its physical structure?The meetings are not monitored in any way, There are often separate rooms for attorney-visits. Such rooms are designed for the purpose of a meeting, with a desk, two chairs and if adequately safe a computer outlet, as opposed to a family room.
If there is an act between a lawyer and a convict/detainee, which constitutes a crime, what actions are taken?If there is an act constituting a crime this will be reported to the police and to the board that provide the necessary licenses to work as attorneys. The latter may revoke an attorneys license if breaches of trust and ethics or an act of crime is documented.
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No, the enactment regulating the contact of pre-trial detainees/prisoners with the defence counsel is dealt with in the same way even though the execution of pre-trial detention and prison sentence are governed by separate laws.
What is the frequency of meetings between a lawyer and convict/detainee?The Act on Prison Sentence Execution and the Act on Pre-trial Detention do not regulate the exact frequency of meetings in the sense of the defence counsel´s contact with the pre-trial detainee/prisoner in custody. However, interviews between the pre-trial detainee/prisoner and a lawyer or another person representing him/her in another legal affair can only take place at a time and in the extent that do not disturb the prison order.
Can a convict/detainee meet, together or separately, with how many attorneys at most at the same time?No law regulates any limit number of lawyers in one criminal case per one pre-trial detainee/prisoner, and as a result, it is not excluded that a pre-trial detainee/prisoner has more lawyers in one legal case.
For what reasons is the meeting between a convict/detainee and lawyer restricted?The visit aimed at provision of legal aid does not take place if for example the health condition of the convicted person prevents it.
Is the meeting with lawyer monitored? Is there a separate meeting room? If yes, how is its physical structure?The meeting is not monitored. Prison governor shall determine the conditions and manner of conducting the interview and shall ensure that the designated prison officer can see the interview between the convict and the attorney, but cannot hear. A special room for the interviews of inmates with lawyers is determined in the prison.
If there is an act between a lawyer and a convict/detainee, which constitutes a crime, what actions are taken?In the event of a suspicion of commission of a crime, a prison officer shall inform the management of the Prison, whereas the entrusted prison officer, who is a police officer in accordance with the Code of Criminal Procedure and hence is also entitled to initiate prosecution, shall commence the prosecution. The Bar Association can take a disciplinary action against the lawyer or a police officer can initiate the prosecution in accordance with the Code of Criminal Procedure.
The meetings with lawyers are not handled differently depending if the inmate is convicted or on remand.
What is the frequency of meetings between a lawyer and convict/detainee?There are not a certain frequency. A prisoner has unrestricted right to receive visits from his or her criminal defence counsel or representative who is an advocate.
Can a convict/detainee meet, together or separately, with how many attorneys at most at the same time?There are not a fixed number how many advocate representatives or criminal defence counsels can meet a convict/detainee at the same time.
For what reasons is the meeting between a convict/detainee and lawyer restricted?The prison does not restrict a convict/detainee meetings with his or her criminal defence councel or representative who is an advocate. Restrictions can be implemented in case if the representative is not an advocate. In this case the prison has an option to refuse those meetings when the visits are not in compliance with the objectives of execution of the imprisonment, the visits may endanger the security or order in the prison, there is a reason to doubt the reputation of the visitor or the visit may endanger the health and well-being of the visitor or the prisoner. A prison service officer has the right to immediately terminate a visit if the visit may endanger the security or violate the internal rules of the prison or the visit may the objective of the punishment or promote the commission of another criminal offence. It is not permitted to terminate visits from a criminal defence counsel.
Is the meeting with lawyer monitored? Is there a separate meeting room? If yes, how is its physical structure?Visits from a representative who is an advocate or a criminal defence counsel shall be allowed within sight but not within hearing distance from prison service officers. For meeting an advocate or a criminal defence counsel there are separate rooms. The rooms are rather small and there is a table, chairs and a computer. Guards can watch the meetings through the doorway or video surveillance system.
If there is an act between a lawyer and a convict/detainee, which constitutes a crime, what actions are taken?If there is an act between a lawyer and a convict/detainee, the prison service can terminate the meeting with the lawyer. However, it is not allowed to terminate the meeting with criminal defence counsel.
Meetings with lawyers aren't handeled differently. The lawyers have to submit a legitimacy in the form of a decision or mandate power.
What is the frequency of meetings between a lawyer and convict/detainee?Registered lawyers and their clients can meet as often as necessary.
Can a convict/detainee meet, together or separately, with how many attorneys at most at the same time?Up to three Lawyers can visit the convict/detainee at the same time (§ 137 Code of Criminal Procedure)
For what reasons is the meeting between a convict/detainee and lawyer restricted?Restrictions are conceivable if a significant threat to the safety of the prison is to be feared and otherwise can not be ruled out. According to § 138a Code of Criminal Procedure, the court may exclude a defense lawyer. Furthermore restrictions are conceivable if there is not a meeting room available. For reasons of security, the visit of lawyers may also be made conditional upon their search or search by technical means. Searches of defendants prior to the visit are only permitted if the institution's specific security needs - general security requirements and / or reasons in the person - dictate them.
Is the meeting with lawyer monitored? Is there a separate meeting room? If yes, how is its physical structure?The meeting with the lawyer is not monitored and takes place in a separate consultation room.In this room there is a table and seats and a power connection. In some prisons the room can also have a call system or a hazard detector.
If there is an act between a lawyer and a convict/detainee, which constitutes a crime, what actions are taken?If the act endanger the security of the correctional facility, the meeting will be aborted, the competent court will be informed and a criminal charge will be filed ex officio.
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No.
What is the frequency of meetings between a lawyer and convict/detainee?As required.
Can a convict/detainee meet, together or separately, with how many attorneys at most at the same time?A convict/detainee can meet with up to three lawyers chosen by himself.
For what reasons is the meeting between a convict/detainee and lawyer restricted?Generally the meetings take place in concern of the legal matter.
Is the meeting with lawyer monitored? Is there a separate meeting room? If yes, how is its physical structure?No, the meetings are not monitored. There are several separate meeting rooms with tables and chairs.
If there is an act between a lawyer and a convict/detainee, which constitutes a crime, what actions are taken?If there is an act, which constitutes a crime, information is given to the Office of Public Prosecutor, to the court having jurisdiction and if necessary the Chamber of Lawyers.
The conversations of prisoners who are serving prison sentences and detainees in the execution of the investigative prison (hereinafter: detainees) are organized in the same way.
What is the frequency of meetings between a lawyer and convict/detainee?Attorneys' visits are determined by the Daily Schedule of Activities that are an integral part of the house rules of each penitentiary or prison. Visits are usually organized every working day.
Can a convict/detainee meet, together or separately, with how many attorneys at most at the same time?A prisoner can visited by several attorneys if they are empowered to do so. In practice, the prisoner usually has one attorney.
For what reasons is the meeting between a convict/detainee and lawyer restricted?Visit may be denied / restricted for security reasons.
Is the meeting with lawyer monitored? Is there a separate meeting room? If yes, how is its physical structure?The prisoner is provided with a free, undisturbed and unattended interview with the lawyer, in a separate room with the required number of chairs and desks. The officer of the Department of Prison Security is visually monitored without the possibility of listening to the conversation.
If there is an act between a lawyer and a convict/detainee, which constitutes a crime, what actions are taken?The manager may, in the event of abuse deny the attorney's visit, which will be notified to the prisoner. Explained decision on a denied visit will be handed over to the prisoner. A prisoner has the right to appeal to a judge of execution within twenty-four hours. The appeal does not retain the execution of the same.
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The Italian law expressly provides for that the accused person in pre-trial detention or on remand, the arrested person and the person in custody have the right to have interviews with their lawyers since the very beginning of their detention. In order to speak with the person in custody, arrested, in pre-trial or on remand, the lawyer has the right to access the places where said persons are accommodated. There is no provision regulating the right of the finally sentenced prisoner to have interviews with his lawyer: for a long time, therefore, recourse was made to the provisions of article 18 of the Penitentiary Act (Law n. 354 of 1975), regulating interviews of inmates in general with persons other than family members. The relevant authorization is given by the prison Governor. A judgment of the Italian Constitutional Court of 1997 decided that article 18 of the Penitentiary Act was unconstitutional in its part which did not provide that the finally sentenced person have the right to speak with his lawyer since the very beginning of the execution of sentence. The Court stated that “the right to speak with one’s lawyer can be jeopardized or conditioned by the state of detention only within the limits provided for by the law for the protection of other interests guaranteed by the Constitution, (…) and subject to the discipline of the modalities of exercise of the right, foreseen with regard to other requirements connected with the status of imprisonment. Said modalities cannot turn the right into a situation depending upon the evaluation of the administrative authority, and therefore subject to a true discretionary authorization.
What is the frequency of meetings between a lawyer and convict/detainee?The internal regulations of each prison regulate the “times and details for the visits, the interviews, correspondence and the telephone calls”. The prison Governors issue specific internal directions regulating the modalities and the times of the visits and interviews and of telephone calls, which the prisoners must comply with also in case of interviews with lawyers.
Can a convict/detainee meet, together or separately, with how many attorneys at most at the same time?An accused inmate can appoint up to two defense counsels. No more than three person can participate in an interview with a prisoner
For what reasons is the meeting between a convict/detainee and lawyer restricted?The interviews of lawyers with inmates could be deferred due to organizational problems; during preliminary investigations about very serious crimes provided for by the law (article 51 of the Code of criminal procedure), the interviews between the lawyer and the accused person could be deferred for up to five days on the grounds of a motivated provision issued by the Preliminary Investigations Judge upon request of the Public Prosecutor, where specific and exceptional reasons of caution exist
Is the meeting with lawyer monitored? Is there a separate meeting room? If yes, how is its physical structure?The interviews between the lawyers and their imprisoned clients are held under the control of the Penitentiary Police Officers, this control being merely visual and not auditory, in dedicated indoor premises
If there is an act between a lawyer and a convict/detainee, which constitutes a crime, what actions are taken?When there is the legitimate suspicion that during the interview between the prisoner and the lawyer some facts occur which are considered as crimes or which could anyway jeopardize order and security in the prison, upon the Governor’s decision, the interview is immediately stopped and an information about the crime is forwarded without delay to the relevant Judicial Authority. At the same time, the lawyers’ Council is informed