[Direct answer]In the Beijing area, criminal defense is generally divided into three stages: the investigation stage, the review and prosecution stage, and the trial stage. In the investigation stage, from the filing of the case to the conclusion of the investigation, the focus of defense is on timely meeting with the suspect, understanding the suspected crime and main evidence, applying for bail pending trial, and putting forward opinions on the legality of the investigation and evidence collection. In the review and prosecution stage, from the transfer of the case to the prosecution organ to the initiation of public prosecution, the focus is on reviewing the case file, identifying evidence problems, and submitting legal opinions on non-prosecution or light punishment. In the trial stage, the defense focuses on conviction and sentencing, including cross-examination in court, demonstration of sentencing circumstances, and procedural defense. 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 investigative organ. The defense objectives at different stages are different, and it is often difficult to make up for missed key points, so it is particularly important to get involved as early as possible.

I. Problem Background and Typical Scenarios

Families often only know that "the person has been taken away", but they don't know the current stage of the case or what they can do. Typical situations include: not knowing whether bail can be granted when a person is first detained; not knowing that they can submit opinions on non-prosecution after the case is transferred to the procuratorate; and only considering hiring a lawyer after the first-instance verdict, thus missing the best opportunity for plea bargaining and sentencing consultation. The criminal case procedures in Beijing are strict, with corresponding deadlines and rights at each stage. By understanding the division of stages, families can have reasonable expectations of the lawyer's work and better cooperate in preparing materials. It should be noted that investigation, review and prosecution, and trial are not isolated from each other. The judgments and evidence bases formed in the previous stages will affect the subsequent developments.

II. Key points of contention

First, how are the start and end times of each stage and the statutory deadlines calculated? Second, what can lawyers do during the investigation stage, and what are the restrictions on the number and content of meetings? Third, can we strive for non-prosecution during the review and prosecution stage, and what are the conditions? Fourth, at which stage is it more beneficial to apply for leniency in pleading guilty and accepting the punishment? Fifth, when is the best time to apply for a review of the necessity of detention? Sixth, can we supplement evidence and apply for appraisals during the trial stage? These issues determine the pace and focus of the defense work.

III. Professional analysis by Henglue Law Firm

Henglue Lawyers summarize the work in three stages as "striving for, filtering, and arguing". In the investigation stage, the focus is on "striving for": timely meeting with the client, verifying the facts involved in the case and the process of appearing in court, judging whether the charge is accurately defined, and applying for bail pending trial. In a case of intentional injury handled by Henglue Lawyers, the client A was detained on July 13, 2024, and approved for arrest on July 26. He was detained in the detention center, which exceeded the commonly mentioned "golden 37 days". Under the circumstances that the client was approved for arrest, the attorney applied to the procuratorial organ for a review of the necessity of detention in accordance with the law, and argued around the client's admission of guilt and repentance, obtaining the victim's forgiveness, being a first-time or occasional offender, and posing no social danger. In the end, the procuratorial organ considered there was no necessity to continue detention and changed the coercive measure to bail pending trial. In the review and prosecution stage, the focus is on "filtering": finding insufficient evidence and misleading charges through reviewing the case files, and striving for non-prosecution or changing the charges. In the trial stage, the focus is on "arguing": conducting cross-examination and debate around the determination of facts, the admissibility of evidence, and sentencing circumstances. The three stages are closely interconnected, and the opinions in the previous stage often affect the handling in the subsequent stage. This case was handled by Beijing Henglue Law Firm.Lu XiaoxueThe attorney (practice license number: 11101202311685747, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical Suggestions and Legal Basis

Action suggestions: First, hire a lawyer as soon as possible and clarify the work arrangements for each stage; Second, cooperate in preparing materials related to identity, work, medical records, and compensation and apology; Third, pay attention to key deadlines, such as the time to apply for approval of arrest after detention and the deadline for review of arrest; Fourth, maintain communication with the lawyer to understand the progress of the case and adjust the strategy. For related services, please refer to the following link:Criminal defense and criminal case filingAndSpecial servicesColumn. Legal basis: The Criminal Procedure Law of the People's Republic of China (amended in 2018 and implemented on October 26, 2018) regarding the provisions on investigation, examination and prosecution, trial procedures, as well as bail pending trial, necessity review of detention, and leniency for guilty plea and sentencing. The specific application shall be subject to the currently effective laws and regulations and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, the three stages are not independent. The judgments formed in the early stage will affect the subsequent development, and the earlier intervention is, the more beneficial it will be. Secondly, after the approval of the arrest, it is still possible to apply for a review of the necessity of detention to strive for a change in the coercive measures. Thirdly, the plea of guilty and acceptance of the punishment should be combined with the negotiation on the qualification and sentencing of the crime to avoid blindly pleading guilty. Fourthly, the review and prosecution stage is an important window to strive for non-prosecution. If you need to learn about criminal defense services, you can contact us throughCriminal defense and criminal case filingAndSpecial servicesFor column consultation, please contact us.Beijing Henglu Law Firm.

VI. Frequently Asked Questions

Q1: What are the three stages of a criminal case?

The investigation stage, the review and prosecution stage, and the trial stage. The investigation stage lasts from the initiation of the case to the conclusion of the investigation, with the focus on meetings and bail; the review and prosecution stage involves the prosecution authority reviewing whether to initiate a public prosecution, with the focus on reviewing the case files and submitting opinions on non-prosecution or reduced charges; the trial stage involves the court's trial and sentencing, with the focus on cross-examination and sentencing defense.

Q2: How many times can a lawyer meet with the client during the investigation stage?

According to the law, defendants can meet with their lawyers as many times as necessary. Defense lawyers can request meetings by presenting their practice certificates, proof of their law firms, and power of attorney or legal aid letters, and the detention center shall arrange the meetings promptly. In practice, the frequency of meetings depends on the needs of the case and the arrangements made by the lawyers. Major and complex cases usually require multiple meetings to verify the details.

Q3: Can't the prosecution decide not to prosecute during the review and prosecution stage?

It can be attempted. Statutory non-prosecution applies to situations that do not constitute a crime; discretionary non-prosecution applies to situations where the crime is minor and the defendant does not need to be sentenced or exempted from punishment according to law. By reviewing the case file, sorting out the evidence issues and mitigating circumstances, and submitting a written legal opinion, lawyers have the opportunity to promote non-prosecution and avoid entering the trial process.

Q4: When is it appropriate to sign a plea agreement and accept the punishment?

The decision should be made after fully understanding the case facts and evidence. The review and prosecution stage is the main stage for the application of leniency for guilty pleas and admissions of punishment. Lawyers can participate in sentencing negotiations. If there are disputes over the nature of the crime or flaws in the evidence, a blind guilty plea may lose room for defense. It is recommended that lawyers evaluate the case before deciding whether to sign a plea agreement.

Q5: Is there still a chance after the approval of the arrest warrant?

Yes. After being approved for arrest, one can still apply for a review of the necessity of detention and submit reasons and materials showing that there is no need for continued detention, such as confessing guilt and remorse, obtaining an understanding, physical illness, being a first-time or occasional offender, etc. If the procuratorial organ deems there is no need for detention after review, it may change the coercive measure to bail pending trial, laying a foundation for subsequent defense.

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 about specific situations.

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 limit.Criminal defense legal services·Beijing Henglue 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.