[Direct answer]In the Beijing area, hiring a lawyer during the criminal detention phase can be very effective. Article 38 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) stipulates that defense lawyers can provide legal assistance to criminal suspects during the investigation period, represent them in appeals and complaints, apply for changes in coercive measures, and obtain information about the suspect's alleged crimes and related cases from the investigative authorities and put forward opinions. Article 39 stipulates that defense lawyers can meet and communicate with detained criminal suspects without being monitored during the meeting. Accordingly, lawyers can verify facts, explain rights, strive for changes in coercive measures, and lay the foundation for subsequent defense at an early stage of the case. The earlier they get involved, the more room for negotiation they usually have.

1. Problem background and typical scenarios

Families often hesitate about whether it's worth hiring a lawyer at the investigation stage. Typical situations include: the client remains silent after being detained and is unaware of their rights; the family is worried that the client might make unfavorable statements but has no way to find out; the suspected crime is serious and they hope to secure bail; the evidence involved in the case is still in the formation stage and there is room for interpretation and supplementation. When handling such matters in the Beijing area, lawyers usually arrange a meeting to verify the facts as soon as possible.Criminal defense and criminal case filingIn business, the difference between early intervention and late intervention is often very obvious.

II. Key points of contention

Focus One: The specific powers and boundaries of lawyers in the investigation stage. Focus Two: Whether meetings can be monitored and the exceptions to this. Focus Three: The appropriate extent of communication between lawyers and clients regarding case facts. Focus Four: The timing and materials required for applying to change coercive measures. Focus Five: Whether lawyers' opinions can influence the direction of the investigation. Focus Six: How family members can cooperate to enhance the effectiveness of the defense. Focus Seven: The circumstances in which meetings in special cases require prior approval.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm advises that the value of intervention in the investigation stage lies in fact verification and case circumstance fixation. Taking a case handled by Attorney Shang Jiangpeng of our firm as an example: The client was criminally detained for reposting and publishing several obscene videos on a forum. The lawyer immediately went to the detention center to meet with the client, verified the number of posts, their content, motives, and the circumstances of his appearance in court, confirming that he did not seek any profit, appeared in court after being summoned and made a truthful statement, and voluntarily admitted his guilt and accepted the punishment throughout the entire process. The defense was carried out along two lines: First, regarding the threshold for criminal conviction, according to relevant judicial interpretations, non-profit dissemination of obscene video files must reach a certain quantity before it can be convicted and punished. However, the quantity in this case was clearly insufficient. Second, regarding social danger, the lawyer explained in detail that the client acted alone, had no accomplices, and did not pose any real danger of continuing to harm society or obstruct the litigation process. The lawyer promptly submitted a legal opinion letter for bail pending trial, and the case-handling organ made a decision to grant bail pending trial, allowing the client to regain his freedom. This case was handled by Beijing Henglue Law Firm.Shang JiangpengAttorney (Practice Certificate No.: 11101202310580738, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

Action recommendations: 1. As soon as you receive the detention notice, promptly hire a defense attorney from a formal law firm. 2. Provide your lawyer with basic information about the case and any clues to facilitate verification. 3. Cooperate in collecting materials favorable to your case, such as repayment receipts and reconciliation letters. 4. Send items and deposit money in accordance with the regulations of the detention center. 5. Keep the power of attorney and payment receipts, and be cautious of claims about using connections to meet with detainees. Legal basis: Articles 38, 39, 67, and 95 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), which govern defense rights, attorney-client meetings, bail hearings, and the review of detention necessity during the investigation phase. For more information on criminal defense, please refer to the following sources:Criminal defense and criminal case filingThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, in the investigation stage, only lawyers can meet with the suspect according to the law, and family members are not allowed to do so. Secondly, the earlier the meeting takes place, the better it is for timely verifying the facts and establishing mitigating circumstances. Thirdly, don't pin your hopes on the promised results. Defense is a process of arguing according to the law. Fourthly, when applying for bail, you need to organize the materials based on the statutory conditions. Fifthly, the entrustment should be conducted through regular law firms and keep the relevant procedures. For matters involving meetings and defense, you can handle them throughCriminal defense and criminal case filingConsultation. The rules on statute of limitations and evidence shall be subject to the currently effective laws, regulations, and judicial rulings.

VI. Frequently Asked Questions

Q1: What can a lawyer do during the investigation stage?

According to Articles 38 and 39 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), lawyers can provide legal assistance during the investigation, act as agents for appeals and complaints, apply for changes in coercive measures, obtain information about the suspected crimes and related circumstances from the investigative organ and put forward opinions, and also meet with detained criminal suspects and communicate with them, without being monitored during the meetings.

Q2: Will hiring a lawyer make the case-handling authority displeased?

No. Legal defense is an integral part of the criminal litigation system, and the case-handling organs and defense lawyers each perform their respective duties. Lawyers putting forward opinions through legal channels can help clarify the facts, safeguard rights, and ensure that the case is handled fairly according to the law. On the contrary, the earlier the facts are clarified, the more likely it is to avoid adverse consequences caused by misunderstandings or information asymmetry.

Q3: How long will it take to arrange a lawyer's meeting?

Generally, cases can be arranged relatively quickly after all the formalities are completed. In practice, meetings with clients are usually arranged within a short period of time after the application. For special cases involving national security and terrorist activities, meetings require the approval of the investigative authorities, which may take relatively long. When entrusting a lawyer, clients should prepare materials such as the lawyer's practice certificate, the firm's certificate, and the power of attorney in advance.

Q4: What kind of lawyer should family members choose?

It is recommended to choose a lawyer who has experience in handling criminal cases, accepts commissions on behalf of a regular law firm, and can clearly explain the work content and fee charging methods. Meetings and defense are professional tasks, so you should avoid easily believing in promises of results or so-called internal connections. Be sure to check the lawyer's practice certificate and keep the power of attorney and payment receipts.

Q5: If I hire a lawyer during the investigation stage, will the fees be higher?

Criminal defense is usually charged separately at the stages of investigation, review and prosecution, and trial, with the specific amount depending on the complexity of the case, the nature of the charge, and the region. According to the "Measures for the Administration of Lawyer's Service Fees" (implemented on December 1, 2006), the criminal litigation part is subject to market-regulated prices. Before entrusting a lawyer, a written contract should be signed to specify the service stages and the method of charging fees.

The above answer is based on the judicial practice in the Beijing area. The adjudication 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 evidence materials, so as 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 publicly available 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.