[Direct answer]In the Beijing area, criminal detention does not equal conviction, and acquittal is not uncommon. Criminal detention is just a coercive measure to ensure the progress of the litigation. According to the relevant provisions of the Criminal Procedure Law of the People's Republic of China (amended in 2018), it can be taken if the conditions are met; while whether it constitutes a crime must be confirmed through investigation, review and prosecution, and trial. Article 13 of the Criminal Law of the People's Republic of China stipulates that if the circumstances are obviously minor and the harm is not great, it shall not be considered a crime. Therefore, if the behavior does not reach the threshold for criminalization stipulated in the judicial interpretation, lacks the constitutive elements of a crime, or the circumstances are obviously minor, there is room to strive for non-approval of arrest, bail pending trial, or even non-prosecution. In addition, circumstances such as pleading guilty and accepting punishment, voluntary surrender, and compensation and apology, although not equivalent to acquittal, can significantly affect the outcome of the case. The key is to hire a lawyer as soon as possible to meet with the client, verify the facts and the conditions for criminalization, and seize the golden period of the investigation stage.

I. Problem Background and Typical Scenarios

After family members are detained by criminal penalties, what relatives care most about is "whether they will be sentenced to prison and whether there is any chance of reversing the situation". There are three typical scenarios: first, the number or amount of the acts involved in the case has not reached the threshold stipulated by the judicial interpretation; second, the defendant is an ordinary employee, an accomplice, or a victim who was deceived into participating, with low subjective malice; third, there are circumstances such as self-defense, unclear facts, or insufficient evidence. In recent years, judicial organs in Beijing have emphasized reducing arrests, being cautious in prosecution, and exercising restraint in detention. They are more inclined to handle eligible cases without detention, but the prerequisite are that reasonable and well-founded opinions be put forward in a timely manner.

II. Key points of contention

First, whether the behavior meets the threshold for criminal prosecution. Second, whether the subjective and objective elements of the crime are present. Third, whether the circumstances are significantly minor and the harm is not great. Fourth, whether there is a social danger and whether continued detention is necessary. Fifth, whether the evidence meets the standard of being true and sufficient. Sixth, how to handle the plea of guilty and punishment, and the compensation and apology. These six points determine the ultimate outcome of the case.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once handled a case involving the crime of disseminating obscene materials: The client was criminally detained for reposting and publishing three obscene videos on a forum, with a total number of views of approximately 5,000 and downloads of about 1,000. The client did not seek any financial gain and the motivation was solely to obtain forum points. The lawyer immediately met with the client to verify the number of posts, their content, the motivation, and the circumstances of his appearance in court. It was confirmed that the client was a first-time offender, truthfully confessed after being summoned to court, voluntarily admitted guilt and accepted the punishment, and did not seek any financial gain. The lawyer then submitted a legal opinion on bail pending trial, arguing from four perspectives: First, non-profit-making crimes of disseminating obscene materials take the number of video files as the core of conviction. The judicial interpretation stipulates that the number of files required for conviction is much higher than three in this case. The number of views cannot substitute for the threshold of quantity, so it should not be considered a crime according to the law. Even if it is considered a crime, the circumstances are significantly minor. Second, appearing in court after being summoned and truthfully confessing constitutes voluntary surrender, which can be leniently punished according to the law. Third, the leniency for confessing guilt and accepting punishment is greater during the investigation stage. Fourth, by comparing each item with the enumeration of social dangerousness circumstances, it is believed that the client is unlikely to commit new crimes and there is no risk of collusion or escape, so there is insufficient necessity for continued detention. The case handling authority adopted the lawyer's opinion and made a decision on bail pending trial about a month after the client was detained. This case shows that the "possibility of acquittal" is not just a theory, but requires a thorough verification of the thresholds of conviction and the constitutive elements. The case was handled by Beijing Henglue Law Firm.Shang JiangpengAttorney (practice certificate number: 11101202310580738, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, immediately appoint a lawyer to meet with the client to verify the facts, quantities, or amounts involved in the case and the client's appearance process; Second, focus on checking whether the case meets the threshold for criminal prosecution set by the judicial interpretation; Third, collect evidence of leniency such as voluntary surrender, confession, first-time offenses, and compensation and apologies; Fourth, timely submit applications for bail pending trial and legal opinions against arrest; Fifth, cooperate with compensation and confiscation to gain the victim's understanding; Sixth, monitor the necessity of detention and the legality of evidence throughout the process. For cases involving criminal defense and coercive measures, you can refer to the relevant provisions.Criminal defense and criminal case filingFor cases involving economic losses and compensation, you can refer to the following materials for reference.Creditor's rights and debts, and enforcementLegal basis: Articles 13 and 67 of the Criminal Law of the People's Republic of China (both implemented since 1997 and amended), and the provisions of the Criminal Procedure Law of the People's Republic of China (amended in 2018) regarding bail pending trial, non-approval of arrest, and discretionary non-prosecution. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, criminal detention is just a coercive measure. Don't be too quick to admit defeat or blindly resist. Secondly, the threshold for criminal prosecution is the primary review point, and the quantity, amount, and circumstances are all indispensable. Thirdly, the investigation stage is a crucial window of opportunity. The earlier you get involved, the more initiative you will have. Fourthly, pleading guilty, accepting the punishment, and making restitution and apologies are important bargaining chips for obtaining leniency. Fifthly, the exclusion of social dangerousness item by item requires evidence to support it, and cannot be claimed without basis. For criminal cases and coercive measures, you can seek legal assistance through legal aid institutions or qualified lawyers.Criminal defense and criminal case filingThe service provides a comprehensive solution, which includes the integration of refunds and property disposalCreditor's rights and debts, and enforcementFor reference, you can check the sections related to corporate compliance and personnel risk managementIntellectual property protection and corporate lawColumn.

VI. Frequently Asked Questions

Q1: Is criminal detention always followed by a sentence of imprisonment?

Not necessarily. Criminal detention is just a coercive measure to ensure the smooth progress of the litigation, not a conclusion of guilt. The case may be terminated due to the non-approval of arrest, bail pending trial, withdrawal of the case after investigation, or non-prosecution. Whether the act constitutes a crime shall be determined according to law through investigation, review of prosecution, and trial. If the act does not reach the threshold for criminal conviction, lacks the constituting elements, or the circumstances are significantly minor and do not cause great harm, there is a possibility that it will not be identified as a crime.

Q2: Under what circumstances is it possible to be acquitted of a crime?

There are generally four categories: First, the quantity or amount of the crime does not meet the standards stipulated in the judicial interpretation; Second, the elements of the crime are not satisfied, such as the lack of subjective intent or the failure to commit the corresponding acts; Third, there are circumstances of justifiable defense and emergency avoidance that preclude the illegality of the act; Fourth, the circumstances are significantly minor and the harm is not great, so it is not considered a crime according to law. In addition, if the evidence is insufficient or cannot rule out reasonable doubts, a favorable determination should also be made according to law.

Q3: How long does it take to apply for bail after being detained in custody?

There is no fixed time limit, and it depends on the circumstances of the case and the progress of the case. If the suspect meets the conditions such as being likely to be sentenced to a relatively light punishment, not posing a danger to society, or suffering from a serious illness and being unable to take care of himself, he can submit an application for bail pending trial or a legal opinion on not approving the arrest during the investigation stage; in practice, there are cases where the suspect is released shortly after being detained in criminal custody, and there are also cases where efforts are made to not approve the arrest during the review of the arrest. The earlier you submit a well-reasoned and well-grounded opinion, the greater the chance of success will be.

Q4: Does pleading guilty and accepting the punishment equal to admitting guilt?

The concept of "pleading guilty and accepting punishment in exchange for leniency" refers to voluntarily confessing one's crime truthfully, admitting the facts of the charges, and accepting the sentencing proposal, which may result in lenient treatment according to law. However, this does not mean giving up the right to a defense of innocence. The party involved can still put forward opinions on the determination of facts and the application of the law; if the case does not constitute a crime in the first place, the lawyer can first argue that it does not constitute a crime, and then prepare for lenient sentencing if necessary. Whether to plead guilty and accept punishment should be carefully decided with the help of a lawyer based on the evidence situation.

Q5: Does pleading not guilty just mean stubbornly refusing to admit guilt until the end?

No. A defense of innocence should be based on facts and laws, with the core being to review the threshold for conviction, the constituting elements, and the evidence system. If there is indeed room for maneuver, opinions on not approving arrest, not prosecuting, or excluding illegal evidence should be put forward as early as possible; if the room for maneuver is limited, simultaneous efforts should be made to obtain bail pending trial, lenient treatment, and adjustment of sentencing. Rational cross-examination and strategic cooperation are more conducive to safeguarding the legitimate rights and interests of the parties than simple confrontation.

The above Q&A is mainly based on judicial practices in Beijing. There may be differences in the adjudication opinions in other regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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·Attorney Shang Jiangpeng·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 the event of a dispute, please consult a practicing lawyer in a timely manner.