[Direct answer]In the Beijing area, defense attorneys can intervene as soon as coercive measures are taken or interrogations begin, providing defense services during the investigation phase. Article 35 of the Criminal Procedure Law of the People's Republic of China stipulates that from the day a criminal suspect is first interrogated or subjected to coercive measures by the investigative organ, they have the right to appoint a defense attorney. During the investigation period, only lawyers can be appointed as defense attorneys. For the blind, deaf, and mute, mentally ill individuals who have not yet completely lost their ability to recognize or control themselves, minors, and those who may be sentenced to life imprisonment or the death penalty, the case-handling organ shall notify the legal aid agency to appoint a lawyer. For those who cannot afford to hire a defense attorney due to financial difficulties or other reasons, they and their close relatives may apply to the legal aid agency for assistance. The Law of the People's Republic of China on Legal Aid, which came into effect on January 1, 2022, further clarifies the application and appointment procedures.

I. Problem Background and Typical Scenarios

Families often believe that they need to wait until the trial to hire a lawyer, and even think that lawyers can't help during the investigation stage. In fact, the investigation stage is a critical period for evidence collection. Whether a lawyer can intervene in time directly affects the progress of work such as meetings, bail applications, and the exclusion of illegal evidence. Although legal aid is free of charge, the time of intervention also starts from the date of interrogation or the adoption of coercive measures.

II. Key points of contention

First, the timing of legal aid intervention. Second, the distinction between cases in which legal aid can be applied for and those in which it cannot. Third, the applicants and the materials required. Fourth, what lawyers can do during the investigation stage. Fifth, the interface between legal aid and self-commissioned legal services.

III. Professional analysis by Henglue Lawyers

Henglue Lawyer explained this from two aspects: the time point of involvement and the scope of work. Firstly, regarding the time point rule: Suspects have the right to appoint a defense attorney from the day they are first interrogated or subjected to compulsory measures; during the investigation period, they can only appoint lawyers. In cases where legal aid is mandatory, the investigating authority shall notify the legal aid agency to appoint a defense attorney; in cases of financial difficulties, etc., they can apply for legal aid. In other words, legal aid can be provided during the investigation stage rather than just at the trial stage. Secondly, regarding the applicant: Both the suspect and their close relatives can submit applications, and they need to provide materials such as their identity and financial status. In cases meeting the legal requirements, the investigating authority shall directly notify the legal aid agency to appoint a defense attorney. Thirdly, regarding the work during the investigation stage: Lawyers can meet detained individuals, understand the case situation, provide legal advice, represent them in filing appeals and complaints, apply for changes to compulsory measures, put forward opinions, and file complaints against illegal evidence collection, laying a foundation for subsequent defense. Fourthly, regarding the transition and withdrawal: If the suspect subsequently appoints a lawyer on their own, they should communicate with the legal aid agency; when both appointed and legal aid-appointed defense attorneys coexist, coordination is needed to avoid duplication or conflicts. Fifthly, regarding practical reminders: Family members should prepare and submit application materials as early as possible to avoid missing key stages during the investigation period due to delays.

IV. Practical Suggestions and Legal Basis

Action suggestions: First, confirm whether the case falls under the circumstances requiring the appointment of a defense attorney; Second, prepare materials proving the defendant's identity and financial difficulties, and apply to legal aid agencies in a timely manner; Third, follow up on the progress of the appointment and urge the lawyer to meet with the defendant as soon as possible; Fourth, if possible, engage a lawyer on one's own as soon as possible to ensure a more comprehensive defense. For matters involving criminal defense and legal aid, you may refer to the following resources for further guidance:Criminal defense and criminal case filingFor matters related to procedural rights and application procedures, you can refer to the following information for reference.Special servicesLegal basis: Articles 34, 35, 36, and 39 of the Criminal Procedure Law of the People's Republic of China (currently in effect), and the relevant provisions of the Legal Aid Law of the People's Republic of China (effective as of January 1, 2022). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, legal aid can intervene from the investigation stage, rather than waiting until the trial. Secondly, there's no need to apply for legal aid in certain circumstances; the case-handling authorities should notify applicants proactively. Thirdly, applicants should prepare all necessary materials to avoid wasting time on resubmitting incomplete documents. Fourthly, it's more beneficial for lawyers to meet with clients as early as possible, so family members should actively follow up on the case. For matters involving defense and legal aid during the investigation stage, applicants can proceed through the following channels:Criminal defense and criminal case filingThe service provides a comprehensive solution, which involves integrating procedural rights and application mattersSpecial servicesFor plates involving administrative procedures, you can refer to the relevant information for reference.Land expropriation and demolition, and administrative litigationFor any questions regarding difficult situations, you can consult the column for assistancePersonal injury and medical disputesTeam.

VI. Frequently Asked Questions

Q1: Can there be legal aid lawyers during the investigation stage?

Yes. From the date of the first interrogation or the adoption of coercive measures, the criminal suspect has the right to appoint a defense attorney; if the circumstances meet the legal requirements, the case-handling organ shall notify the legal aid agency to appoint a defense attorney, who can intervene in the defense at the investigation stage.

Q2: In which situations should a lawyer be appointed?

For people such as the blind, the deaf, the mute, the mentally ill who have not yet completely lost their ability to identify or control, minors, and those who may be sentenced to life imprisonment or the death penalty, the case-handling organs shall notify the legal aid agencies to appoint lawyers for them.

Q3: How to apply for legal aid?

The criminal suspect or his/her close relatives shall submit an application to the legal aid agency, providing proof of identity, proof of financial hardship, and information related to the case. If the applicant meets the eligibility criteria and passes the review, the agency will assign a lawyer to handle the case.

Q4: Are there any differences between legal aid lawyers and privately retained lawyers?

The legal responsibilities are the same, and they must defend independently according to the law. The main differences lie in the investment of resources and the choice of options: when hiring a lawyer at one's own expense, one can usually choose a lawyer and invest more time. If financial conditions permit, it is advisable to hire a lawyer on one's own as soon as possible.

Q5: What should family members do now?

First, confirm whether the case falls into the circumstances requiring legal representation, prepare and submit the application materials, and follow up on the progress of the assignment. Those who are capable should hire a lawyer as soon as possible. The earlier you get involved, the more favorable it will be for the meeting with the lawyer and the collection of evidence.

The above content is based on the compilation of judicial practices 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 currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limits.Criminal defense legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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. In case of disputes, please consult a practicing lawyer in time.