[Case Summary]This case is a criminal defense case of intentional injury. The defendant, A*, was detained on suspicion of intentional injury on July 13, 2024, and arrested on July 26. He is currently detained in the Beijing Daxing District Detention Center. His family has entrusted the Beijing Henglu Law Firm to handle the case for him.Lu XiaoxueThe lawyer acted as the defender. Under the circumstances that the client had been approved for arrest and exceeded the "golden 37 days", the lawyer applied to the procuratorial organ for a review of the necessity of detention in accordance with the law, and argued around the points of "admitting guilt and showing remorse, having obtained the victim's understanding, being a first-time offender or occasional offender, and having no social dangerousness". The core controversy was how to break through the "hellish" difficulty of reviewing the necessity of detention after approval for arrest. The applicable legal provisions were Article 81 and Article 95 of the Criminal Procedure Law of the People's Republic of China. In the end, the procuratorial organ determined that there was no necessity to continue detention, and changed the compulsory measures to bail pending trial, allowing the client to regain his freedom.

I. Review of the Case Facts

My family members are upset because of the recent incident involving my son.The crime of intentional injuryAfter being arrested, can they still be "bailed out"? The most common searches by families are "Can bail be granted after being approved for arrest?", "How to apply for a review of the necessity of detention?", "Is it useful to hire a lawyer for intentional injury?", and "How to meet a lawyer at Daxing District Detention Center". On July 13, 2024, A * was criminally detained by the Daxing Branch of the Beijing Municipal Public Security Bureau on suspicion of intentional injury; on July 26, 2024, A * was legally approved for arrest and detained in the Daxing District Detention Center. Upon learning the news, A *'s family was extremely anxious and consulted various questions such as "Can bail be granted after being arrested for intentional injury?" and "How long will it take for a criminal lawyer to meet the detainee?". In the end, they entrusted Beijing Henglu Law Firm to handle the case for them.Lu XiaoxueThe lawyer provided assistance.

From criminal detention to approval of arrest, and then to successful bail pending trial, the attorney handling the case met with the client multiple times and maintained active and constructive communication with the case-handling authorities and the procuratorate. After the public security organ refused to change the compulsory measures, the attorney applied to the court (procuratorate) for a review of the necessity of detention in accordance with the law. The particularity of this case is that the application was made far beyond the "golden 37-day" rescue period and was an application for a change of detention during the period after the approval of arrest, which was extremely difficult.

II. The focus of the case

  • Focus 1: After being approved for arrest, does the person still meet the statutory conditions for bail pending trial?A * voluntarily admitted guilt and showed remorse, and has reached an understanding with the victim. Whether this meets the conditions for bail set forth in Article 67 of the Criminal Procedure Law is the basis for the review.
  • Focus Two: Whether he/she "poses a social danger".The procuratorial organ needs to examine whether A * exists in one of the five socially dangerous circumstances enumerated in Article 81 of the Criminal Procedure Law, which is the core of the review of the necessity of detention.
  • Focus Three: The timing and evidence presentation for applying for a review of the necessity of detention after the approval of arrest.When applying outside the "Golden 37 Days", the key to successful defense lies in convincing the procuratorial organ that there is no need for continued detention based on facts and evidence.

III. Professional intervention by Hengluo Law Firm

The party involved (the suspect) claimed that:A某 and his family hope to minimize the suffering of detention and strive not to be detained any longer. Their core demands are "not to be arrested if possible, and to change the detention measures if possible", so as to regain their freedom as soon as possible.

The position of the prosecution (the case-handling organ):The investigative organ filed a request for arrest on suspicion of intentional injury and obtained approval. The focus of the investigation is on the evaluation of the victim's injuries, the cause of the fight, and the responsibilities of both parties involved.

Hengluo Lawyer's Agency Opinion:Lu XiaoxueThe lawyer promptly met with the client and applied to the investigative organ for bail pending trial. After the public security organ refused to allow the change, the lawyer applied to the procuratorate for a review of the necessity of detention and systematically put forward three reasons:

  • A * voluntarily admitted guilt and showed remorse. He and his family have reached an understanding with the victim, Sun Xuefeng, and truthfully confessed the facts of the case, which meets the conditions for bail pending trial;
  • A* is a first-time offender and an occasional offender. He has always been kind and humble in his daily life, and abided by the law. The case was triggered by a trivial argument, and his subjective malice was minor. It was a sudden and occasional offense.
  • A* has not committed any new crimes, destroyed evidence, interfered with the testimony, colluded with others, taken revenge, committed suicide, or escaped. In accordance with the principle of "using custody sparingly and exercising caution in arresting" set by the Supreme People's Procuratorate, there is no need to continue detaining him, and releasing him on bail will not pose a danger to society.

IV. Outcome of the case

After review by the procuratorial organ, it was considered that there was no need to continue detaining A*. Therefore, the procuratorial organ ultimately decided to change the compulsory measure to bail pending trial, and A* was released from detention and regained his freedom after the approval of the arrest. The attorney succeeded in the "hell-level" difficult review of the necessity of detention after the approval of the arrest, demonstrating the value of professional dedication and effective communication.

5. Henglu Law Firm's Advice

In judicial practice, handling bail pending trial after the approval of arrest through the review of the necessity of detention is regarded by criminal defense lawyers as a "hell-level" difficulty. This case was handled by Beijing Henglu Law Firm.Lu XiaoxueAttorney (Practice Certificate No.: 11101202311685747, subject to the certificate issued by the judicial administrative organ) acts as the agent. Attorney's Reminder: Once a family member is detained in criminal custody or even approved for arrest, it is necessary to engage a lawyer as soon as possible to participate in the meeting and communication. During the investigation and review of the arrest stage, we should continuously create conditions suitable for bail pending trial, and make full use of the detention necessity review system to strive for a change in the coercive measures.

VI. Common Questions About Criminal Cases of Intentional Injury FAQ

  1. Q: Can family members still apply for bail pending trial after their relatives have been arrested?
    A:Yes. After the approval of the arrest, the parties concerned and their lawyers can still apply to the procuratorial organ for a review of the necessity of detention. If it is demonstrated that there is no necessity to continue the detention, the compulsory measures can be changed to bail pending trial, but it is more difficult than applying within the "Golden 37 Days".
  2. Q: What are the conditions for being granted bail pending trial in a case of intentional injury?
    A:The defendant must meet the statutory conditions such as being subject to control detention or independent additional punishment, being likely to be sentenced to fixed-term imprisonment but not posing a social danger if granted bail, being ill and unable to take care of himself, or having the case not been concluded by the expiration of the detention period. Obtaining the victim's understanding is a key plus point.
  3. Q: To which authority should an application for a review of the necessity of detention be submitted?
    A:The department responsible for arrest and prosecution of the corresponding people's procuratorate at the same level as the case-handling organ shall handle it. Defense lawyers may submit a written application and attach evidence materials such as confession of guilt, remorse, understanding, and no social danger.
  4. Q: How significant is reaching an understanding in a case of intentional injury?
    A:Obtaining the victim's understanding is an important basis for determining the circumstances of the crime and its social danger, which directly affects whether bail will be granted, whether the case will not be prosecuted, or the severity of the sentence. It is recommended to make sincere compensation and sign a letter of understanding as soon as possible.
  5. Q: How long does it take to meet with a lawyer after being detained in the Daxing District Detention Center for criminal detention?
    A:Defence lawyers can meet with criminal suspects in accordance with the law upon presenting the necessary documents. Generally, the meeting will be arranged within 1 to 3 working days after the lawyer is appointed. Early meetings can help establish favorable facts and guide the direction of subsequent defence.