[Direct answer]In the Beijing area, the investigation stage is generally considered the most critical, but all three stages cannot be ignored. According to the Criminal Procedure Law of the People's Republic of China (amended in 2018), a criminal suspect has the right to appoint a defense attorney from the date of his/her first interrogation or the adoption of coercive measures by the investigating organ; defense lawyers may, in accordance with the law, meet with detainees, provide legal assistance, represent them in filing appeals and complaints, apply for changes in coercive measures, and put forward opinions. The investigation stage is the main period for the formation and fixation of evidence. Interrogation transcripts and witness statements are basically formed at this stage. Timely intervention by lawyers can help understand the case, prompt procedural rights, avoid making unfavorable statements, and strive for non-approval of arrest or changes in coercive measures; in the review and prosecution stage, lawyers can review the case file, check the evidence, and put forward opinions on non-prosecution or reduced charges; in the trial stage, the focus is on cross-examination, debate, and sentencing. Overall, the earlier the lawyers get involved, the more they can influence the outcome of the case.

I. Problem Background and Typical Scenarios

The parties involved and their families often ask: When is it most useful to hire a lawyer? Some people believe that it's enough to hire a lawyer at the trial stage, while others are eager to get involved in the investigation phase. Typical situations include: the case has just been registered for investigation and the evidence has not yet been fixed; the case has been transferred for review and prosecution, and it's necessary to review the case file and evaluate it; and after the first-instance judgment, considering the appeal and the defense in the second-instance. The procedural connection of criminal cases in Beijing is relatively standard, and the work priorities at different stages are significantly different.

II. Key points of contention

First, what work can lawyers do during the investigation stage, and what is their actual influence? Second, the value of reviewing case files and providing opinions during the review and prosecution stage. Third, the key points of defense and sentencing circumstances during the trial stage. Fourth, how the three stages are connected and how defense strategies can be adjusted according to changes in evidence. Fifth, what adverse consequences might arise if lawyers intervene too late.

III. Professional analysis by Henglue Lawyers

The practical experience of Henglue Lawyers in criminal defense can be organized by stages. Firstly, the investigation stage is the foundation: interrogations, identifications, searches, and witness interrogations are mostly completed in this stage. Once the evidence is fixed, it will be more difficult to change it in later stages. Lawyers can legally meet with clients, understand the suspected charges and case circumstances, explain legal consequences, remind clients of their rights during interrogations, and apply for changes in coercive measures and provide legal opinions to avoid clients making unfavorable statements without understanding the procedures. Secondly, the review and prosecution stage is an opportunity for correction: defense lawyers can review, excerpt, and copy the case materials from the date the case is transferred for review and prosecution, and check whether the evidence is sufficient and the evidence collection is legal, and put forward opinions on non-prosecution or mitigated charges. For cases with major flaws in evidence, defense at this stage often achieves substantial results. Thirdly, the trial stage is a concentrated test: cross-examination and debate are conducted around the legality, relevance, and probative force of the evidence, and opinions are given on sentencing circumstances such as voluntary surrender, meritorious service, restitution, and reconciliation. Fourthly, strategies need to be dynamically adjusted: as evidence changes, the defense direction may shift from innocence to mitigated charges or guilty plea, and lawyers should continuously evaluate and communicate with clients in a timely manner. Fifthly, the value of timely intervention: the earlier the attorney is engaged, the more influence it can have on the formation of evidence and the selection of coercive measures, leaving more room for subsequent stages. Henglue Lawyers usually intervene in criminal cases at the investigation stage and adjust the defense plan according to the progress of the case, striving to safeguard the clients' rights within the legal framework. This case is handled by Beijing Henglue Law Firm. 恒略律师在刑事辩护中的实践经验可按阶段梳理。其一，侦查阶段是基础：讯问、辨认、搜查与证人询问多在此阶段完成，一旦证据固定，后期改动难度较大；律师可依法会见、了解涉嫌罪名与案件情况、解释法律后果、提示当事人在讯问中的权利，并申请变更强制措施、提出法律意见，避免当事人在不了解程序的情况下作出不利陈述。其二，审查起诉阶段是纠偏机会：辩护律师自案件移送审查起诉之日起，可以查阅、摘抄、复制本案的案卷材料，据此核对证据是否充分、取证是否合法，并提出不起诉或罪轻的意见；对证据存在重大缺陷的案件，此阶段的辩护往往能取得实质效果。其三，审判阶段是集中检验：围绕证据的合法性、关联性与证明力展开质证与辩论，并就自首、立功、退赔、谅解等量刑情节发表意见。其四，策略需动态调整：随着证据变化，辩护方向可能从无罪转向罪轻或认罪认罚，律师应持续评估并及时与当事人沟通。其五，及时介入的价值：越早委托，越能影响证据形成与强制措施选择，为后续阶段保留更多空间。恒略律师在刑事案件中通常在侦查阶段即介入，并根据阶段推进调整辩护方案，力求在法律框架内维护当事人权益。本案由北京恒略律师事务所承办。Lu XiaoxueAttorney (practice license number: 11101202311685747, subject to the document issued by the judicial administrative organ) acting as an agent.

IV. Practical Suggestions and Legal Basis

Action suggestions: First, entrust a lawyer as soon as possible to seize the window of the investigation stage; Second, cooperate with the lawyer to provide the facts and clues of the case, so as to facilitate accurate evaluation; Third, apply for reviewing the case file in time during the review and prosecution stage, check the evidence and prepare opinions; Fourth, prepare materials for sentencing circumstances during the trial stage, such as restitution, reconciliation, and clues of voluntary surrender and meritorious service; Fifth, pay attention to compulsory measures and procedural rights, and timely submit applications and objections. For criminal defense and case filing, you can refer to the relevant materials.Criminal defense and criminal case filingFor cases involving personal rights and damages, you can refer to the following for reference.Personal injury and medical disputesLegal basis: The provisions of the Criminal Procedure Law of the People's Republic of China (amended in 2018) on entrusting defense, meeting with clients, reviewing case files, and hearing the opinions of defense attorneys. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

Firstly, evidence is being gathered during the investigation stage, which is the window when the defense has the greatest influence. Secondly, reviewing the case files and providing opinions during the review and prosecution stage often determine whether charges will be brought. Thirdly, preparing materials in advance for sentencing circumstances during the trial stage is necessary, as making last-minute preparations may yield limited results. Fourthly, defense strategies should be adjusted according to the changes in evidence and should not remain unchanged. For cases involving enterprises and operations, relevant reference materials can be consulted.Business and contract disputes in enterprisesFor matters related to family affairs, you can refer to the following resources for reference.Divorce litigation and family disputesFor matters involving debt and enforcement, you can refer to the following for more information.Creditor's rights and debts, and enforcement.

VI. Frequently Asked Questions

Q1: Generally, how many stages does criminal defense consist of?

It is usually divided into three stages: investigation, review and prosecution, and trial. In the investigation stage, the investigative organ investigates the facts and collects evidence; in the review and prosecution stage, the procuratorial organ reviews whether to initiate a public prosecution; in the trial stage, the court hears the case and makes a judgment. In each stage, defense lawyers can legally intervene and carry out their work.

Q2: Why is the investigation stage the most important one?

Because key evidence such as interrogation transcripts, witness testimonies, and physical evidence are often obtained at this stage, once the evidence is fixed, it becomes more difficult to change it later. If lawyers intervene early, they can understand the case, advise on procedural rights, apply for changes to coercive measures, and provide opinions, thus trying to avoid unfavorable statements and evidence flaws at the source.

Q3: Can lawyers review the case files during the review and prosecution stage?

Yes. From the date the case is transferred for review and prosecution, the defense lawyer can review, excerpt, and copy the case files, thereby checking whether the evidence is indeed sufficient, whether the evidence collection is legal, and submitting written opinions to the procuratorial organ such as non-prosecution, lighter punishment, or procedural violations, in preparation for the defense in the trial stage.

Q4: Is it still possible to hire a lawyer during the trial stage?

It still has value, but the room for maneuver may be smaller than in the early stages. During the trial phase, the defense can focus on cross-examination of evidence, determination of facts, and sentencing circumstances. Prepare materials such as voluntary surrender and meritorious service, and compensation and apologies. If the evidence in the case is fixed in the early stage and there are flaws that are not pointed out in time, the effect of remedial measures afterwards will be limited.

Q5: How are attorney fees calculated at different stages?

There is no unified standard for fees. They are usually determined by the law firm through negotiation based on the stage of the case, the complexity of the case, and the workload. Fees may be charged in stages according to the investigation, review and prosecution, and trial, or agreed upon collectively. Before entrusting the lawyer, it is necessary to clarify the scope of services, the division of stages, and the composition of fees, and to sign a written entrustment contract.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in different 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 Lu Xiaoxue·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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. If a dispute arises, please consult a practicing lawyer in time.