[Direct answer]It's important. Criminal defense relies heavily on professional division of labor. For the same piece of evidence and the same scenario, whether one is familiar with the constituting elements of the crime and the judicial interpretations often leads to completely different defense directions. Professional criminal lawyers can accurately determine the boundaries between guilt and innocence, and between different crimes, and are familiar with procedural nodes such as bail, review of the necessity of detention, exclusion of illegal evidence, and sentencing negotiation. They are more likely to identify key issues during document review and cross-examination. The Criminal Procedure Law of the People's Republic of China establishes the rights of defense attorneys to meet with clients, review case files, investigate and collect evidence, and apply for the exclusion of illegal evidence, but whether these rights can be fully exercised depends on experience. In cases involving possible heavy sentences, the importance of professional expertise is particularly prominent.

1. Problem background and typical scenarios

When choosing a lawyer, clients and their families often focus solely on the lawyer's reputation or their familiarity with them, neglecting their professional expertise. There are hundreds of criminal charges, and the constitutive elements and evidentiary rules for drug-related, financial, intellectual property, environmental resource, and official crime cases vary greatly. Typical situations include: misjudging economic disputes as fraud, requiring accurate distinction between civil fraud and criminal fraud; the calculation method of the involved amount directly determines the sentencing level; and whether procedural flaws and illegal evidence can be excluded affects the determination of facts. Criminal cases in Beijing are fast-paced and highly specialized. Choosing a lawyer who is familiar with the corresponding charges can often help them seize key arguments in the case.

II. Key points of contention

First, does the professional field influence the direction of defense or just the level of proficiency? Second, how to determine whether a lawyer has actually handled similar cases? Third, the scope and approach to disputes over the characterization of charges in practice. Fourth, the practical effects of procedural defense (excluding illegal evidence, reviewing the necessity of detention). Fifth, how to choose between well-known lawyers and professional lawyers. Sixth, what kind of professional team is needed for multi-count and large-scale cases.

III. Professional analysis by Henglue Law Firm

A case of intentional homicide with accompanying civil litigation represented by Henglue Law Firm highlights the decisive impact of professional expertise on the determination of legal qualification. On the night of June 16, 2024, defendant Zhang Daqiang had a dispute with Zhao Gang and others over the quality of construction concrete at a mixing station. After being persuaded to return to the dormitory, he drove his car at a speed of about 60 to 62 kilometers per hour into the laboratory, causing Zhao Gang's death on the spot and injuries to Zhang Bin and Li Yuanzheng. The victim's wife entrusted Henglue Law Firm to represent her in the accompanying civil litigation. The focus of the case lies in three aspects: First, the determination of subjective intent. The defense attorney claimed that "killing them" was just a threat, but the lawyer pointed out that Zhang Daqiang had clear verbal threats before the collision, accelerated even though he was less than five meters away from the door, and deliberately failed to avoid the people indoors, which sufficiently established his intent to kill. Second, whether the defendant's surrender was valid. Although Zhang Daqiang voluntarily called the police, he lied about the brake failure and repeatedly retracted his confession, which did not constitute a voluntary surrender according to the Criminal Procedure Law of the People's Republic of China. Third, the determination of the crime type. The defense attorney attempted to change the charge to endangering public safety by dangerous methods, but the lawyer argued that the target was specific and the crime should be defined as intentional homicide. Through a thorough review of the case file and refuting the evidence one by one, the court ultimately accepted the lawyer's arguments and sentenced Zhang Daqiang to death for intentional homicide. The accompanying civil litigation supported the victim's family's compensation request. This case was handled by Beijing Henglue Law Firm.Liu LiqiangThe lawyer (practice certificate number: 11101200910454358, subject to the certificate issued by the judicial administrative organ) acts as the agent. The disputes over the nature of the case, the voluntary surrender, and the subjective intent are all confrontations of professional expertise in this field.

IV. Practical suggestions and legal basis

Action suggestions: First, clarify the suspected charges, then find a lawyer who has handled similar cases; Second, during the interview, ask the lawyer to discuss the specific defense strategies and disputed points, rather than making general promises about the outcome; Third, understand their experience in handling compulsory measures, evidence rules, and sentencing circumstances; Fourth, for major cases, consider professional division of labor and collaboration, with the lead lawyer coordinating the work; Fifth, sign a power of attorney contract with a regular law firm to clarify the scope of services and the person responsible for the case. For related services on the platform, please refer to the following link:Criminal defense and criminal case filing、Business and contract disputes in enterprises、Intellectual property protection and corporate law,Creditor's rights and debts, and enforcementAndSpecial servicesLegal basis: The provisions on the rights and procedures of defense attorneys in the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018), as well as Article 232 of the Criminal Law of the People's Republic of China (amended on December 29, 2023). The specific application shall be subject to the currently effective laws and regulations and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the professional division of labor in criminal defense is highly specialized, and handling cases across different fields often results in missing key arguments. Secondly, the determination of the crime charge often determines the sentencing level, which is the core battlefield of defense and cannot be taken for granted. Thirdly, the establishment of circumstances such as voluntary surrender, confession, and reconciliation requires factual and evidentiary support and cannot be understood one-sidedly. Fourthly, procedural defense and substantive defense are equally important and should be advanced simultaneously. Fifthly, when choosing a lawyer, listening to their analysis of the constitutive elements of the crime and evidentiary rules is more effective in judging their professionalism than relying on promotional materials.

VI. Frequently Asked Questions

Q1: Can criminal lawyers and ordinary civil and commercial lawyers substitute for each other?

It is not advisable to substitute. Criminal defense involves the determination of guilt and innocence, the distinction between different crimes, as well as the application of evidentiary rules, coercive measures, and sentencing circumstances, which differ greatly from the logic of civil and commercial litigation. Civil and commercial lawyers may not be familiar with criminal procedures and the elements of criminal charges, and they may easily overlook key disputes when handling criminal cases. When dealing with criminal cases, it is recommended to choose lawyers whose main practice area is criminal defense.

Q2: How can we determine whether a lawyer has actually handled similar cases before?

You can ask them to specifically introduce the approach to handling similar cases, the disputed points and the outcomes, and inquire about their understanding of the constituting elements of the relevant crimes and the judicial interpretations. Pay attention to whether they personally meet with clients, review case files and attend court hearings. It's important to distinguish between promotional materials and actual practices, and you should remain vigilant towards those who only promise results. The lawyer's law firm and verifiable practice information are also important references.

Q3: Can the nature of the charge really change the outcome of the case?

It can, and often is crucial. The statutory penalties for different crimes can vary greatly, and the determination of the nature of the crime also affects the determination of circumstances such as voluntary surrender, the form of the crime, and joint crimes. For example, in this case, the dispute over whether it is intentional homicide or endangering public safety by dangerous methods directly relates to the sentencing level. The dispute over the nature of the crime needs to be based on facts and evidence, and lawyers should systematically argue after reviewing the case files.

Q4: Is it guaranteed that hiring a famous lawyer will lead to good results?

Not necessarily. The outcome depends on the facts of the case, the evidence, and the application of the law. The lawyer's role is to accurately identify the disputed points and fully exercise litigation rights. Fame cannot replace the dedication to individual cases. When choosing a lawyer, one should pay attention to whether the lawyer handles the case personally, whether he is familiar with the corresponding charges, and whether the communication is sincere, rather than just looking at the title or promotion materials.

Q5: How to choose a lawyer for a case involving multiple parties or a complex case?

For cases involving multiple stakeholders, multiple charges, and voluminous case files, it is advisable for the lead attorney, who has relevant professional experience, to coordinate the work. When necessary, collaborating attorneys should be assigned to divide the workload and complete tasks such as client interviews, reviewing case files, searching for similar cases, and preparing legal documents. The key is for the lead attorney to grasp the main defense strategy and critical stages to avoid strategic dispersion caused by multiple parties assuming responsibility. When signing the contract, the case team and their respective responsibilities should be clearly defined.

The above answer is based on the judicial practice in Beijing. The adjudicative guidelines in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are 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·Attorney Liu Liqiang·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. If you encounter disputes, please consult a practicing lawyer in time.