[Direct answer]In the Beijing area, the intervention actions focus on five matters: meeting, verification, evaluation, providing evidence, and submitting opinions. Article 34 of the Criminal Procedure Law of the People's Republic of China stipulates that during the investigation period, a criminal suspect may only appoint a lawyer as a defense attorney; Article 39 stipulates that a defense lawyer may meet with a detained criminal suspect or defendant to understand the relevant circumstances of the case and provide legal advice. Accordingly, lawyers may meet with clients in accordance with the law by presenting their practice certificates, law firm certificates, and power of attorney documents; after the meeting, they verify key facts such as posts, transactions, and amounts to determine whether the threshold for criminal prosecution has been reached; organize materials such as first-time offenders, fixed residences, and compensation and settlement agreements; and submit applications for bail pending trial or legal opinions to the case-handling authorities in accordance with Article 67 of the Criminal Procedure Law. The maximum length of detention is generally 37 days, with the review and approval of arrest being a critical window for securing a refusal of approval for arrest.

I. Problem background and typical scenarios

After a family member is detained in criminal custody, the family often doesn't know what to do: some people ask around for information, some wait anxiously, and some mistakenly believe that they must wait until the verdict is issued before trying to find a solution. In fact, the period between detention and review of the arrest is the most effective window for seeking a change in coercive measures. Typical circumstances include: the amount or quantity does not reach the threshold for criminal prosecution; the party has made compensation and obtained understanding; the party suffers from a disease requiring continuous treatment; the party has a fixed residence and stable job; and the facts of the case have been basically clarified and the evidence has been fixed.

II. Key points of contention

First, when can a lawyer meet with a client and what procedures are required? Second, what key facts should be verified during the meeting? Third, how to demonstrate that the threshold for criminal prosecution is not met or that the circumstances are significantly minor? Fourth, what are the factors for assessing social dangerousness, and how to exclude them one by one? Fifth, how to organize materials for circumstances such as compensation and plea bargaining? Sixth, is there still a chance after the arrest has been approved, and how to apply for a review of the necessity of detention?

III. Professional analysis by Henglue Lawyers

In a case of dissemination of obscene materials handled by Henglue Law Firm, the client was criminally detained for reposting three obscene videos on a forum. The posts had been viewed approximately 5,000 times and downloaded about 1,000 times, but the client did not profit from them and the motivation was solely to gain forum points. Henglue Law Firm's actions after intervening were highly exemplary: 1. Firstly, they immediately visited the detention center to verify the number of posts, their content, the client's motives, and the circumstances of his appearance in court. They confirmed that he was a first-time offender, had truthfully confessed after being summoned, pleaded guilty, and admitted to the punishment without profiting from the activity. 2. Secondly, they determined the threshold for criminal liability, pointing out that the number of obscene video files was the core criterion for conviction in non-profit dissemination cases. In this case, the number of files was far below the legal threshold, and the number of views could not substitute for the quantity requirement, so the act should not be considered a crime according to the law. 3. Thirdly, they organized mitigating circumstances, explaining that the client's appearance in court and truthful confession met the requirements for voluntary surrender, which could legally lead to a reduced punishment. 4. Fourthly, they submitted a legal opinion letter for bail, comparing each factor of social dangerousness to demonstrate that there was no realistic possibility of committing new crimes, colluding with others, or escaping custody, and emphasized the necessity of releasing the client based on the criminal justice policy of minimizing arrests, prosecutions, and detentions. After review, the case-handling authority granted bail, and the client was released. It can be seen that the focus of intervention during detention is not on making statements, but on visiting the client as soon as possible and aligning the facts with legal requirements. This case was handled by Beijing Henglue Law Firm.Shang JiangpengThe attorney (practice certificate number: 111012023105807, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: Firstly, sign a power of attorney as soon as possible after detention to facilitate the lawyer's timely meeting with the client; Secondly, the family members should sort out the client's identity documents, work and residence certificates, and family situation materials; Thirdly, actively communicate with the victim's side about compensation and obtain a written understanding; Fourthly, cooperate with the lawyer to verify key facts such as amounts and quantities; Fifthly, maintain communication with the lawyer during the review of the arrest and provide additional materials in a timely manner. For cases involving bail pending trial and criminal defense, you can refer to the relevant guidelines.Criminal defense and criminal case filing; For materials related to compensation, settlement, and understanding, you can refer to them for referencePersonal injury and medical disputesLegal basis: Articles 34, 39, 67, and 95 of the Criminal Procedure Law of the People's Republic of China (all based on the currently effective version), as well as the relevant provisions of the People's Procuratorate on handling cases of review of the necessity of detention. The specific application shall be based on the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, a lawyer can be appointed during detention, and only lawyers can act as defenders in the investigation stage. Secondly, the interview to verify the facts is the basis for all subsequent arguments, and the earlier it is conducted, the better. Thirdly, the application for bail should be targeted and correspond to the judgment factors of social danger one by one. Fourthly, even after the suspect has been arrested, it is still possible to apply for a review of the necessity of detention, and it is not advisable to give up too early. For cases involving bail pending trial and review of the necessity of detention, it can be handled through the following channels:Criminal defense and criminal case filingThe service provides a comprehensive solution, which includes the negotiation of compensation and reconciliationPersonal injury and medical disputesFor the plates, you can refer to the ones related to the involved property in the caseCreditor's rights and debts, and enforcementColumn.

VI. Frequently Asked Questions

Q1: Can lawyers meet with the detainees during the detention period?

Yes. According to Article 39 of the Criminal Procedure Law, defense lawyers, holding their practicing certificates, certificates of law firms, power of attorney or legal aid letters, may meet with detained criminal suspects and defendants, understand the relevant circumstances of the case, and provide legal advice. In practice, meetings should generally be arranged in a timely manner, and family members should sign the power of attorney as soon as possible to initiate the procedure.

Q2: What do lawyers mainly want to know during a meeting?

The focus is on verifying five types of information: the facts and circumstances of the case, the methods of appearing in court and the circumstances of the confession, whether there are circumstances of voluntary surrender or confession, key data such as the amount or quantity involved in the case, and the physical condition and family situation of the parties involved. This information is not only the basis for determining whether the defendant is guilty or not, and the severity of the circumstances, but also the basis for organizing the reasons for bail pending trial and subsequent defense opinions.

Q3: What should I prepare for applying for bail during detention?

On the one hand, prepare the materials to prove the conditions, such as the proof of being a first-time offender or a repeat offender, the proof of fixed residence and stable employment, medical diagnosis materials, and letters of compensation and understanding, etc. On the other hand, the lawyer will draft an application for bail pending trial or a legal opinion letter, arguing around the statutory conditions and the absence of social danger. If necessary, provide a guarantor or secure a bail deposit, and promise to attend court whenever summoned.

Q4: How long will it take to get a result after being detained?

According to the relevant provisions of the Criminal Procedure Law, if the public security organ deems it necessary to arrest the detained person, it shall submit the case to the people's procuratorate for review and approval within three days after the detention, and the time limit may be extended to one to four days under special circumstances; for major suspects who commit crimes by roving around, repeatedly, or in gangs, the time limit for submitting the case for review and approval may be extended to 30 days, and the people's procuratorate shall make a decision within seven days. Therefore, the time from detention to decision-making usually does not exceed 37 days.

Q5: What else can lawyers do after the approval of the arrest warrant?

There is still much work to be done: we can apply to the procuratorial organ for a review of the necessity of detention and strive to change the compulsory measures; continue to meet with the client to understand the case; put forward opinions on non-prosecution or lenient treatment at the review and prosecution stage; and prepare for evidence review and sentencing defense at the trial stage. Approving the arrest is just a procedural node, not the end of the defense. The key lies in putting forward well-founded applications and opinions in a timely manner.

The above answer is based on the judicial practice in Beijing. The adjudication guidelines in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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·Attorney Shang Jiangpeng·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is provided 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.