[Direct answer]In the Beijing area, the process typically involves three stages: investigation, review and prosecution, and trial, and extends into the execution phase. The Criminal Procedure Law of the People's Republic of China (amended in 2018 and implemented on October 26, 2018) establishes the corresponding procedures. During the investigation stage, lawyers can meet with detained criminal suspects, understand the suspected charges and case facts, provide legal assistance, apply for changes to coercive measures, submit opinions on the necessity of detention, and file complaints against illegal evidence collection. During the review and prosecution stage, lawyers can review, extract, and copy case materials, communicate with the procuratorial organs, and put forward defense opinions such as non-prosecution and mitigation of charges. During the trial stage, lawyers conduct cross-examinations and debates on facts, evidence, procedures, and legal application, striving for lighter, mitigated, or acquittal outcomes. After the judgment takes effect, lawyers can also provide assistance with matters such as execution and appeals. It should be noted that family members cannot meet with detained parties on their own or interfere with the investigation. They should promptly engage lawyers and provide truthful materials. The various stages are interconnected, and the earlier lawyers get involved, the more initiative they can grasp.
I. Problem Background and Typical Scenarios
After relatives or friends are involved in a case, family members often don't understand the procedures the case will go through, nor what they can do at different stages. There are three typical scenarios: First, when the case is just filed and the suspect is detained, family members are eager to understand the situation but don't know where to start; Second, when the case has been transferred for examination and prosecution, family members don't know whether they can communicate with the prosecutor or what suggestions they can make; Third, when the case enters the trial stage, family members are concerned about whether the court will reduce the sentence or grant probation. In the judicial practice of Beijing, the procedural nodes are relatively clear, and grasping the rights and deadlines at each stage is a prerequisite for effective defense.
II. Key points of contention
First, how to grasp the start and end points and connection nodes of each stage. Second, what lawyers can and cannot do during the investigation stage. Third, the timing of reviewing the case file and providing opinions during the review and prosecution stage. Fourth, the key points of cross-examination and sentencing defense during the trial stage. Fifth, the remedies available after the judgment takes effect. The core is to understand that the process is divided into stages, and the rights and work priorities in different stages are different. Missing the key points is often difficult to make up for.
III. Professional analysis by Henglue Law Firm
Based on the criminal cases handled by Henglue Law Firm, we can use a real case to illustrate the value of the connection between different stages. In this case, the client was detained on suspicion of intentional injury and later approved for arrest. After our lawyers timely met with the client and understood the case during the investigation stage, they applied to the investigating organ for bail but were not approved. Instead, they turned to the procuratorial organ to apply for a review of the necessity of detention. They argued based on the client's voluntary confession and repentance, the victim's forgiveness and truthful confession, the client's first-time offender status, the absence of new crimes or destruction of evidence, collusion in evidence, and the possibility of escape. After review, the procuratorial organ determined that there was no necessity to continue detention and decided to change the coercive measure to bail pending trial. This case highlights that criminal defense does not only occur in court. Meetings and communication during the investigation stage, and submitting opinions during the review of prosecution and approval of arrest can also have a significant impact on the outcome. After entering the trial stage, the focus should be on organizing cross-examination and debate based on the evidentiary capacity, probative force, and sentencing circumstances. Therefore, clients and their families should hire lawyers as early as possible to ensure that the work in different stages forms a cohesive whole. This case was handled by Beijing Henglue Law Firm.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, during the investigation stage, entrust a lawyer to meet with the client, submit bail applications, and provide legal opinions; Second, during the review and prosecution stage, focus on reviewing whether the evidence is legal and sufficient, and strive for non-prosecution or lenient sentencing; Third, during the trial stage, organize cross-examinations and prepare well for the court hearing to focus on the conviction and sentencing; Fourth, pay attention to the statutory time periods at each stage to avoid missing key deadlines; Fifth, family members should cooperate with the lawyer but not interfere with the investigation. For work related to various stages of criminal defense, you can refer to the following materials for reference:Criminal defense and criminal case filingFor matters involving the property involved in the case and enforcement procedures, you may refer to the following documents for reference:Creditor's rights and debts, and enforcement casesLegal basis: Articles 34, 38, 40, and 177 of the Criminal Procedure Law of the People's Republic of China (amended in 2018 and implemented on October 26, 2018). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.
5. Henglu Law Firm's Reminder
Firstly, criminal defense runs through the three stages of investigation, review and prosecution, and trial. Secondly, the earlier you get involved, the better chance you have of seizing the opportunity to obtain bail and fix evidence. Thirdly, you need to plan the key stages and deadlines in advance. Fourthly, family members are not allowed to meet with or interfere with the investigation on their own. They should seek legal assistance through a lawyer. For defense in criminal cases, you can contact us through the following channels:Criminal defense and criminal case filingFor service acquisition, it can be combined with the disposal of the involved property.Creditor's rights and debts, and enforcement casesFor comprehensive legal matters involving enterprises and individuals, you can refer to the following information for reference.Intellectual property and corporate legal affairsColumn.
VI. Frequently Asked Questions
Q1: What are the main stages of criminal defense?
It is usually divided into three stages: investigation, review and prosecution, and trial. After the judgment takes effect, there may also be follow-up procedures such as enforcement and appeals.
Q2: What can lawyers do during the investigation stage?
They may meet with the detained parties, understand the case and the alleged charges, provide legal assistance, apply for a change in the coercive measures, put forward opinions on the necessity of detention, and lodge complaints against illegal evidence collection.
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 attorney can review, excerpt, and copy the case file materials and put forward defense opinions based on them.
Q4: What are the key points of the defense during the trial stage?
The cross-examination and debate focus on fact determination, the three characteristics of evidence and its probative force, procedural legality, and sentencing circumstances, with the aim of obtaining acquittal, a light sentence, or a reduced punishment.
Q5: Can family members meet with the client on their own?
Generally, it is not allowed. During the investigation stage, only defense lawyers can legally meet with detained criminal suspects. Family members should promptly hire lawyers to meet and communicate with them on their behalf.
The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.
If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limits.Criminal defense legal services·Attorney Lu Xiaoxue·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. If you encounter disputes, please consult a practicing lawyer in time.