[Direct answer]In the Beijing area, after the case is approved for arrest, it enters the investigation and detention stage, and lawyers still have a lot of work to do. According to Article 38 of the Criminal Procedure Law of the People's Republic of China, defense lawyers can provide legal assistance to suspects during the investigation, represent them in filing appeals and complaints, apply for changes in coercive measures, and inquire about the suspected crimes and relevant cases from the investigative organ and put forward opinions. Article 39 stipulates that defense lawyers can meet with detained suspects without being monitored. In addition, according to Article 95, after a suspect or defendant is arrested, the people's procuratorate shall still review the necessity of detention, and where detention is no longer necessary, it shall recommend release or change of coercive measures; according to Article 97, lawyers can apply for changes in coercive measures. Action guidance: Hire a lawyer as soon as possible to meet, communicate, and submit legal opinions.

I. Problem Background and Typical Scenarios

After the arrest is approved, family members often think that "they can only wait for the verdict", but in fact, there is still a lot of room for defense. A typical scenario is that after the suspect is arrested, they are in a low mood and know nothing about the case and the legal process; family members do not understand that they can apply for a review of the necessity of detention and bail pending trial; evidence is gradually fixed during the investigation stage. If they do not put forward their opinions in time, the subsequent defense will be more passive. The approval of the arrest is not the end, but another key point for defense.

II. Key points of dispute

Firstly, what rights do lawyers enjoy during the investigation and detention stage? Secondly, can they apply for bail pending trial and change the coercive measures? Thirdly, how to promote the review of the necessity of detention? Fourthly, how to prepare for the defense in the review of prosecution and trial stages. The core is to embed lawyers' professional roles into every node of the investigation stage.

III. Professional analysis by Henglue Law Firm

The experience of Henglue Law Firm in handling criminal defense cases is that the defense after approval of arrest should follow the four-step process of "meeting, review, communication, and preparation". The first step is the right to meet: According to Article 39 of the Criminal Procedure Law of the People's Republic of China, defense lawyers can meet with detained criminal suspects with their practice certificates, certificates of law firms, and power of attorney. The meeting will not be monitored, so as to understand the case, stabilize the suspect's emotions, explain the law and procedures, and avoid the suspect making improper statements during the investigation stage due to lack of understanding. The second step is to apply for a change in coercive measures: According to Article 97, lawyers can apply for a change in coercive measures. For those who meet the conditions and pose little social danger, they can strive for non-custodial measures such as bail pending trial. The third step is to promote a review of the necessity of detention: According to Article 95, after the arrest, the procuratorial organ shall review the necessity of detention. For those who do not need to continue to be detained, the procuratorial organ shall suggest release or change coercive measures. Lawyers can submit evidence and opinions showing no necessity of detention, such as illness, special family difficulties, and the fact that the case facts and evidence have been fixed. The fourth step is communication and preparation: According to Article 38, lawyers can inquire about the suspected charges and relevant circumstances of the case from the investigative organ and put forward opinions. They can also submit written legal opinions on the nature of the crime, evidence, and mitigating circumstances, laying a foundation for the review of the case in the prosecution stage, sentencing consultation, and lenient punishment for plea and confession. In practice, a common misunderstanding among families is that "there's nothing we can do after approval of arrest", ignoring the vast room for negotiation in the investigation stage. Beijing judicial authorities are more standardized in terms of review of the necessity of detention and protection of defense rights. Lawyers have smooth channels for evidence collection, meetings, and communication, and early intervention can often significantly improve the outcome of the case.

IV. Practical suggestions and legal basis

The first step is to complete the entrustment as soon as possible, and have the lawyer meet with the detained client with a license to understand the case and the client's physical condition; the second step is to assess whether the client meets the conditions for bail pending trial and submit an application for changing the coercive measures in time; the third step is to submit opinions and evidence on the necessity of detention to the procuratorial organ, strive for release or change of measures; the fourth step is to submit written legal opinions on the nature of the case and evidence to the investigation organ, and prepare for the review and prosecution, and the plea bargaining in the trial stage. The main legal basis: Article 38 of the Criminal Procedure Law of the People's Republic of China (rights of defense lawyers during the investigation period), Article 39 (meeting without being monitored), Article 95 (review of the necessity of detention), Article 97 (application for changing coercive measures). The specific application shall be subject to the currently effective laws, regulations and judicial rulings.

5. Henglu Law Firm's Advice

The approval of arrest does not equal a verdict. It is precisely at this time that lawyers should take action. Meetings with clients, bail applications, and reviews of the necessity of detention—not a single step can be overlooked. For cases involving criminal defense, clients can seek assistance through the following channels:Criminal defense and criminal case filingObtain a comprehensive solution for the service; those involving special appeals and detention reviews can be combined togetherSpecial servicesPlate; for reference on the disposal and execution of the involved assets in the caseCreditor's rights and debts, and enforcementFor contractual and economic disputes that occur simultaneously, you can seek adviceBusiness and contract disputes in enterprisesFor cases involving cross-border issues, they can be handled throughFinancial capital and cross-border transactions involving foreign entitiesDocking.

VI. Frequently Asked Questions

Q1: Can bail be granted after the approval of the arrest warrant?

It can be attempted. After the arrest, one can still apply for a change in the coercive measures, and the procuratorial organ should also review the necessity of detention. For those who do not need to be detained any longer, the procuratorial organ should recommend their release or a change in the coercive measures.

Q2: Do lawyers need the consent of family members to meet with their clients?

No, it's not necessary. Defense lawyers can meet with detained criminal suspects by presenting their practice certificates, certificates from law firms, and power of attorney documents. The meetings will not be monitored.

Q3: Who can apply for a review of the necessity of detention?

The criminal suspect, the defendant, their legal representatives, close relatives, or defense attorneys may apply. The People's Procuratorate shall review the necessity of detention and make a decision on the matter.

Q4: How long does this stage typically last?

The period of detention for investigation shall be determined in accordance with the legal circumstances, generally for two months, and may be extended in accordance with the law in case of complex circumstances; the specific period shall be subject to the legal provisions and the information provided by the case-handling organ.

Q5: What should family members do now?

Complete the entrusted tasks as soon as possible, provide information related to the case, cooperate with the lawyer in meeting and obtaining evidence, prepare materials that meet the conditions for bail pending trial, and promote the application for changing the compulsory measures.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Specialised services - legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.