[Direct answer]In the Beijing area, the role of criminal defense mainly manifests itself in five aspects: first, meeting and communication to understand the case, stabilize the client's emotions, and inform them of their litigation rights; second, qualitative judgment to review whether the suspected crime is accurate and whether there is room for acquittal or a lighter sentence; third, procedural efforts to apply for bail pending trial, review the necessity of detention, and promote the change of coercive measures; fourth, sentencing defense to strive for leniency based on circumstances such as voluntary surrender, confession, plea of guilty, and restitution of illicit proceeds and compensation; fifth, procedural supervision to put forward opinions on the legality of investigation and evidence collection and protect the legitimate rights and interests of clients. According to the Criminal Procedure Law of the People's Republic of China (amended in 2018 and implemented on October 26, 2018), suspects have the right to appoint defenders from the date of their first interrogation or the adoption of coercive measures by the investigating organ. The investigation stage is a crucial period for fixing evidence and judging the direction of the case, and early intervention is often more beneficial.

I. Problem Background and Typical Scenarios

After a family member is detained in criminal custody, the most concerns of the family are two things: whether they can be granted bail and the length of the final sentence. In practice, common situations include: the defendant is charged with a more serious crime, but their actual actions may meet the criteria for a less serious crime; there are mitigating circumstances such as voluntary surrender, confession, and compensation, but these were not effectively documented during the investigation stage; there are many people involved in the case, and the defendant played a minor role in the joint crime, but was evaluated according to the standards for principal offenders; the defendant has a low level of education or is not familiar with the law, and their statements during interrogation deviate from the facts. In Beijing, the criminal case procedures are strict, and the professionalism and timeliness of lawyers in meeting with clients, reviewing case files, and submitting opinions often directly affect the outcome of coercive measures and sentencing.

II. Key points of dispute

Firstly, whether the nature of the charge is accurate and whether there is any controversy between this crime and that crime. Secondly, the position and role of the defendant in the joint crime, and how to distinguish between the principal offender and the accomplice. Thirdly, the application conditions and application timing of bail pending trial and the review of the necessity of detention. Fourthly, the application of leniency for admitting guilt and pleading guilty and the consultation on sentencing. Fifthly, the exclusion of illegal evidence and the submission of opinions on procedural legality. Sixthly, the impact of compensation and understanding on sentencing. These issues constitute the main focus of the defense work.

III. Professional analysis by Henglue Law Firm

Henglue Lawyers believe that the value of criminal defense lies in "doing the right thing at critical junctures". Taking a case of operating a gambling house as an example, the client was detained by the investigating authority on suspicion of operating a gambling house because he engaged in live-streaming chat on an overseas online gambling platform. His limited compensation was counted as illegal income. After getting involved in the case, Zhu Guiying, a lawyer from Henglue Lawyers, met with the client immediately to verify his level of involvement and subjective state, and focused on four key points: Firstly, the client played a minor role in the joint crime, only providing referral assistance without participating in the core operation and profit-sharing. According to the law, he should be identified as an accomplice; Secondly, he truthfully confessed and voluntarily pleaded guilty after being arrested; Thirdly, he suffered from a disease requiring continuous treatment, and prolonged detention would be detrimental to the control of his condition; Fourthly, he was a first-time or occasional offender and committed a non-violent crime, with low social danger. Based on these findings, the lawyer drafted an application for bail and communicated with the investigating authority multiple times. As a result, the client was granted bail after 30 days of criminal detention. This case shows that the role of lawyers is not to "change the facts", but to accurately apply laws and policies and fully present favorable circumstances in appropriate procedures. Defense work also includes reviewing evidence such as appraisal opinions and electronic data, as well as effective communication with the investigating authority at different stages, all of which influence the outcome of the case. This case was handled by Beijing Henglue Lawyers Firm. 恒略律师认为，刑事辩护的价值在于“在关键节点做正确的事”。以一起开设赌场罪案件为例，涉案人员因接触境外网络赌博平台从事直播聊天被办案机关以涉嫌开设赌场罪刑事拘留，其获得的有限报酬被计入违法所得。恒略律师朱桂颖介入后，第一时间会见当事人，核实其参与程度与主观状态，抓住四个关键点：其一，当事人在共同犯罪中地位较低，仅提供引流帮助，未参与核心经营与利润分成，依法应认定为从犯；其二，归案后始终如实供述，自愿认罪认罚；其三，患有需持续治疗的疾病，长期羁押不利于病情控制；其四，系初犯偶犯、非暴力犯罪，社会危险性低。律师据此围绕取保候审条件撰写申请书并多次沟通，最终当事人在被刑事拘留整整30天后获批准取保候审。本案表明，律师的作用并非“改变事实”，而是准确适用法律与政策，将有利情节在合适的程序中充分表达出来。辩护工作还包括对鉴定意见、电子数据等证据的审查，以及在不同阶段与办案机关的有效沟通，这些工作共同影响案件走向。本案由北京恒略律师事务所代理Zhu GuiyinThe attorney (practice license number: 11101202011246828, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: Firstly, the family should entrust a lawyer to meet with the suspect as soon as possible to avoid missing the golden period of the investigation stage; Secondly, provide favorable evidence such as the client's medical records, unit certificates, and materials of repayment and understanding; Thirdly, keep in communication with the lawyer to understand the stage of the case and the focus of the defense; Fourthly, do not contact witnesses or inquire about the case on your own, so as not to affect the case. For related services, please refer to the following link:Criminal defense and criminal case filingAndSpecial servicesColumn. Legal basis: The provisions on the right to defense, meetings, bail pending trial, and leniency for plea bargaining in the Criminal Procedure Law of the People's Republic of China (amended in 2018 and implemented on October 26, 2018), and the provisions on voluntary surrender, confession, and accomplices in the Criminal Law of the People's Republic of China (amended in 2023 and implemented on March 1, 2024). The specific application shall be subject to the currently effective laws and regulations and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the earlier you entrust a lawyer, the more beneficial it will be. The investigation stage is a crucial period for establishing favorable circumstances. Secondly, bail pending trial does not mean the case is over. It still requires further legal progress and cooperation with the defense. Thirdly, compensation and plea bargains can usually lead to sentencing reductions, but they should be conducted under the guidance of a lawyer. Fourthly, family members should not easily believe in promises of "connections" and should protect their rights through legal means. If you need to learn about criminal defense services, you can contactCriminal defense and criminal case filingAndSpecial servicesFor column consultation, please contact us.Beijing Henglue Law Firm.

VI. Frequently Asked Questions

Q1: What exactly can criminal lawyers do?

Lawyers may, in accordance with the law, meet with detainees, understand the case, and provide legal assistance; review the charges and evidence, and put forward opinions of not guilty or light punishment; apply for bail pending trial and review the necessity of detention; review the case file and submit defense opinions during the review of prosecution and trial; strive for leniency in circumstances such as voluntary surrender, confession, compensation for losses, and reaching an understanding with the victim, and supervise the legality of the evidence-gathering process.

Q2: When is it best to hire a lawyer?

The earlier, the better. From the date of the first interrogation or the adoption of coercive measures by the investigative organ, the parties have the right to appoint a defense attorney. The investigation stage is a critical period for fixing evidence and striving for bail. Early involvement can help them understand the case situation, determine the nature of the crime, and submit opinions in a timely manner, thus avoiding adverse consequences caused by information asymmetry.

Q3: Can I get bail just by hiring a lawyer?

There's no guarantee. The bail pending trial is decided by the case-handling organ in accordance with the law. The lawyer will apply for and argue based on whether a lighter sentence is likely to be imposed, whether there is a social danger, and the person's health and family situation. If the conditions are met, there's a greater chance of success, but there's no absolute guarantee. Any claims about the outcome are not credible.

Q4: Can a defendant still exercise the right to defense even if they admit guilt and accept the punishment?

Yes. Confessing guilt and accepting the punishment in exchange for leniency does not conflict with the defense. The lawyer can still provide opinions on the nature of the crime, sentencing recommendations, determination of the amount involved in the case, and the status of the principal and accomplice, and consult with the procuratorial organ on the sentencing recommendations. Confessing guilt after fully understanding the case is often more beneficial to the client than blindly confessing guilt.

Q5: Can compensating the victim reduce the punishment?

Generally, it's possible. Active compensation and reaching an understanding are important factors in determining leniency, which may affect whether to approve the arrest, whether to apply probation, and the specific term of imprisonment. However, compensation is not a panacea, and it still needs to be judged comprehensively based on the nature of the crime, the circumstances, and the consequences. It is recommended to determine the compensation plan and timing under the guidance of a lawyer to avoid backfiring.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →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.