[Direct answer]In the Beijing area, the key issues are the time nodes and review methods. Article 39 of the Criminal Procedure Law of the People's Republic of China (amended in 2018) clearly stipulates this. The focus of reviewing the case file is to verify whether the evidence chain is complete, whether the evidence collection procedures are legal, whether the confessions contradict the objective evidence, whether the calculation basis for the involved amounts and circumstances is sufficient, and whether there are circumstances requiring the exclusion of illegal evidence. After reviewing the case file, a written cross-examination opinion and defense strategy should be formed to prepare for the pre-trial conference and the court hearing. It should be noted that lawyers cannot access all the case files during the investigation stage, and they mainly understand the case situation through meetings and communication.

I. Problem background and typical scenarios

The parties and their families often hope that lawyers can see all the evidence during the investigation stage, but this is a misunderstanding of the legal process. In practice, lawyers can only review the entire case file after the case is transferred for review and prosecution; for some major and complex cases, the case file will be returned for supplementary investigation, and the case file will be supplemented several times. Common problems during the review of the case file include: contradictions between oral evidence, lack of original evidence for amount determination, incomplete procedures for extracting and fixing electronic data, and insufficient basis for appraisal opinions. These are often the breakthrough points for defense. From the perspective of practice, parties often focus on the outcome and ignore the process. In fact, whether the written documents are complete, whether the communication records are traceable, and whether the key deadlines are grasped often determine the ultimate handling space. Therefore, it is necessary to sort out the materials early, clarify the legal basis, and fix the favorable facts. When conducting a specific analysis, it is recommended to take the timeline as the main line and match the contracts, vouchers, transaction records with the relevant legal basis one by one, forming a clear handling framework, which is conducive to judging the priority and feasibility of various claims.

II. Key points of contention

First, the starting time of reviewing the case materials and the scope of information that can be accessed. Second, the review points of the legality of evidence and the application of the exclusion of illegal evidence. Third, whether there is a basis for determining the amount, quantity, and consequences of the case. Fourth, whether the division of the defendants' roles and responsibilities in joint crimes is accurate. Fifth, how to connect the opinions formed during the review of the case materials with the cross-examination in court. Sixth, how to apply when written agreements conflict with mandatory legal provisions, and how to determine the validity of the relevant clauses. Seventh, who should bear the burden of proof for key facts and how to grasp the standard of proof. Eighth, whether relevant time limits have expired and whether it is possible to claim for their interruption or extension. Ninth, whether the parties themselves have any faults and the impact of these faults on the final proportion of responsibility. In addition, attention should also be paid to whether the form of evidence is legal, whether key facts can corroborate each other, and the differences in cost, time, and feasibility of different processing solutions. On this basis, the priority path to be advanced should be determined.

III. Professional analysis by Henglue Law Firm

The review method of Henglue Law Firm typically involves four steps: first, reading through the letter of prosecution or indictment to clarify the alleged facts and charges; second, checking the evidence by category, with a focus on verifying whether the testimonial evidence and documentary evidence, as well as electronic data, corroborate each other; third, verifying the evidence collection procedures, including interrogation audio and video recordings, search and seizure procedures, and the qualifications of appraisal institutions and appraisers; and finally, evaluating each element of the crime charges to determine whether there is any possibility of non-constituting a crime, significantly minor circumstances, calculation errors in amounts, or unidentified mitigating circumstances. For any contradictions or flaws found, we will distinguish whether they belong to factual doubts, insufficient evidence, or procedural violations, and then put forward cross-examination opinions and application items. The review conclusions also need to be verified with the information obtained during meetings with the client to avoid making judgments based solely on the case file.
This case is handled by Beijing Henglu 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 list: First, after the case is transferred for review and prosecution, apply for reviewing the case files and copying the materials as soon as possible; Second, make case review notes and contradiction lists according to the types of evidence; Third, focus on verifying the determination of the amount, the appraisal opinions, and the electronic data collection procedures; Fourth, file exclusion applications for illegal evidence in a timely manner; Fifth, transform the results of case review into cross-examination opinions and defense plans, and arrange pre-trial conferences in advance. For matters involving criminal defense and case review and cross-examination, you can refer to the following materials for reference:Criminal defense and criminal case filingFor cases involving the financial assets and funds at issue, you may refer to the following guidelines for handling similar cases in the past.Creditor's rights and debts, and enforcementLegal basis: Articles 39, 56, and 57 of the Criminal Procedure Law of the People's Republic of China (amended in 2018) and relevant procedural provisions. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, during the investigation stage, lawyers are unable to review all the case files and must rely on meetings to understand the case. Secondly, when reviewing the case files, they cannot just focus on the conclusions, but must also verify the original evidence and the evidence-gathering procedures. Thirdly, the determination of amounts and quantities is often crucial for sentencing, so it is necessary to calculate each item individually. Fourthly, they should formulate their cross-examination opinions as early as possible to avoid making hasty responses in court. For matters involving the review of case files, cross-examination, and courtroom defense, they can use the following methods to assist themselves in completing these tasks more efficiently and effectively.Criminal defense and criminal case filingThe service receives support, and the aspects related to property disposal and compensation can be integrated togetherCreditor's rights and debts, and enforcementFor reference, you can check the section on criminal risks in corporate operationsBusiness and contract disputes in enterprisesColumn.

VI. Frequently Asked Questions

Q1: When can lawyers review the case files?

From the date the case is transferred to the People's Procuratorate for review and prosecution, defense attorneys may review, extract, and copy case file materials. During the investigation stage, attorneys cannot review all case files, and mainly obtain information about the case through meetings with clients and communication with the case-handling authorities. Due to differences in facts and evidence among similar cases, the conclusions may vary. Clients should pay attention to relevant statutory time periods, submit evidence materials in a timely and complete manner, keep written records of key communications and reminders, and, if necessary, choose appropriate approaches and assert rights under the guidance of professional attorneys. It is recommended to consult with complete materials to determine the specific handling methods.

Q2: What materials can be viewed during the marking process?

You can review litigation documents, evidence materials, and relevant technical appraisal materials, etc. For confidential or legally non-public content, lawyers should fulfill their obligation of confidentiality. After reviewing the case files, they should prepare standard transcripts as the basis for cross-examination and defense. Due to differences in facts and evidence among similar issues in different cases, the conclusions may vary. Parties should pay attention to relevant statutory periods, submit evidence materials in a timely and complete manner, keep written records of key communications and reminders, and, when necessary, choose appropriate approaches and assert rights under the guidance of professional lawyers. It is recommended to determine the specific handling methods after consulting with complete materials.

Q3: How much does it cost to hire a lawyer to review the case files?

The review of case files is usually included in the entrusted services during the review and prosecution stage, and the fees are determined through consultation based on the stage and the complexity of the case. For cases with a large volume of case files, the workload will increase significantly, and the fees may be correspondingly higher. It is recommended to clarify the service content in the entrusted contract. Due to differences in facts and evidence among similar cases, the conclusions may vary. Parties should pay attention to relevant statutory periods, submit evidence materials in a timely and complete manner, keep written records of key communications and reminders, and, when necessary, choose appropriate approaches and assert rights under the guidance of professional lawyers. It is recommended to determine the specific handling methods after consulting with complete materials.

Q4: How long does it take to review the papers and present the defense?

The review and prosecution stage generally makes a decision within one month, and the time limit for major and complex cases can be extended according to law. The time limit for returning the case for supplementary investigation will be recalculated. Reviewing the case files usually takes several days, and it will take time to form cross-examination and defense opinions. Due to differences in facts and evidence among similar cases, the conclusions may vary. The parties concerned should pay attention to the relevant statutory periods, submit evidence materials in a timely and complete manner, keep written records of key communications and reminders, and, if necessary, choose appropriate approaches and assert rights under the guidance of professional lawyers. It is recommended to consult with complete materials to determine the specific handling methods.

Q5: What should I do if I find problems with the evidence during the marking process?

Distinguish the nature of the problem and handle it accordingly: For cases where the facts are in doubt or the evidence is insufficient, put forward cross-examination opinions and argue against recognition; for cases involving illegal evidence collection, apply for the exclusion of illegal evidence; for cases with procedural defects, request rectification or clarification. Relevant opinions should be raised in pretrial conferences or during the trial in a timely manner. Similar problems may lead to different conclusions in different cases due to differences in facts and evidence. Parties should pay attention to relevant statutory time periods, submit evidence materials in a timely and complete manner, keep written records of key communications and reminders, and, if necessary, choose appropriate approaches and assert claims under the guidance of professional lawyers. It is recommended to consult with complete materials to determine the specific handling methods.

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 Henglue Law Firm for 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·Attorney Lu Xiaoxue·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.