[Direct answer]In the Beijing area, the procedures for hiring a lawyer for criminal cases are relatively simple. Generally, four steps are required: first, signing a power of attorney contract, which clearly defines the scope of services, stage results, fee calculation methods, and refund conditions; second, having the law firm issue an official letter and complete the registration process; third, providing a power of attorney document, which specifies the entrusted matters and authority scope; fourth, preparing identity materials, including the client's ID card, the basic information of the criminal suspect or defendant, and proof of kinship. It should be noted that if the detained client is unable to sign the power of attorney document himself/herself, his/her legal representative or close relatives can handle it with relevant proof materials; in special circumstances, it shall be handled in accordance with the requirements of the case-handling organ. In addition, the Criminal Procedure Law of the People's Republic of China (amended in 2018) stipulates that defense lawyers, with the law firm's official letter, three certificates, and the power of attorney document, can meet with detained criminal suspects and defendants, and only one person can be met if there are multiple co-defendants; the circumstances under which lawyers are not allowed to meet and the remedies are also clearly stipulated. It is important to understand the scope of authority: criminal defense lawyers are entitled to meet with clients, review case files, investigate and collect evidence, and put forward opinions, but the investigation and collection of evidence require the permission of the case-handling organ, and some matters require the permission of the People's Procuratorate or the People's Court.Criminal defense and criminal case filingThe column provides a detailed explanation of the process of handling criminal defense services.

1. Problem background and typical scenarios

Families who consult on such issues are often in a state of anxiety and confusion about the lack of clear information. Typically, they face four dilemmas: First, they don't know where to start or what materials to prepare; Second, they've heard that lawyers need to make appointments to meet with clients and worry that delays will affect the opportunity to obtain bail; Third, they fear that they don't understand the law and might passively accept the terms when signing contracts; Fourth, their loved ones have been detained, and families don't know what else they can do besides waiting. In practice, the most common problem is confusing criminal defense with civil representation, thinking that signing contracts can complete all procedures. In fact, criminal defense has special procedural requirements: there are restrictions on the number of lawyer meetings and the parties involved; the review of case files begins after the case is transferred for review and prosecution; investigations and evidence collection require permission; and family members' participation mainly involves providing clues and materials. Therefore, when handling procedures, it's important to understand the current stage of the case and the next key juncture simultaneously, and to integrate the handling of procedures with time planning. Special arrangements during detention can also be referred to for reference.Special services and other casesColumn.

II. Key points of contention

The first focus is on the formal requirements of the entrustment procedures, including the completeness of official letters, power of attorney, and three certificates. The second focus is on alternative methods for detained clients to sign power of attorney. The third focus is on the scope of authorization and the boundaries of authority, as well as the permission requirements for investigation and evidence collection. The fourth focus is on the arrangements and restrictions of meetings, with the rule that defendants in the same case can only meet with one person. The fifth focus is on the timing and scope of exercising the right to review case files. The sixth focus is on the role of family members, specifying what they can and cannot do. The seventh focus is on the negotiation points of fees and contract terms. The eighth focus is on the procedures for terminating and modifying the entrustment relationship. In practice, attention should also be paid to the eligibility of the entrusting parties and the completeness of the authorization chain, to avoid procedural flaws affecting subsequent procedures. The above-mentioned specific rules shall be subject to the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Law Firm

From the perspective of criminal defense practice, the efficiency of the document processing stage directly affects the pace of subsequent work. Taking a criminal incidental civil lawsuit case handled by Attorney Liu Liqiang of our firm as an example, we can see the decisive role of a comprehensive review of the case file in determining the defense direction. On the night of June 16, 2024, a fierce dispute broke out in the laboratory of a certain No. 50 batching station: staff members Zhang Bin, Li Yuanzheng, Zhao Gang, and Zhou Xiaohua had an argument with the defendant Zhang Daqiang about the quality of the construction concrete during drinking. After being persuaded to stop, Zhang Daqiang was sent back to his dormitory. However, Zhang Daqiang did not calm down and immediately drove a white Cheetah car at a speed of about 60 to 62 kilometers per hour to crash into the laboratory, smashing the door and rushing out through the back wall, resulting in the death of Zhang Bin's wife Liu Shufen and injuries to Zhang Bin and Li Yuanzheng, as well as the involvement of Zhou Xiaohua. After accepting the case, Attorney Liu Liqiang of Beijing Henglu Law Firm carefully reviewed all the case files, including physical evidence, documentary evidence, witness statements, the defendant's confessions, appraisal opinions, on-site inspection transcripts and photos, audiovisual materials, etc., accurately grasping the core of the case and refuting the defendant's and defense counsel's arguments one by one: in terms of subjective intent, the defense argued that only a joke was not enough to prove the intent to kill, but the lawyer pointed out that Zhang Daqiang's words before the impact already revealed his murderous intent, accelerated when he was less than 5 meters away from the door, and knew the location of the people inside but did not take any evasive action, which was enough to prove his clear intent to kill; in terms of the circumstances of voluntary surrender, although Zhang Daqiang voluntarily called the police, he lied about the brake failure and gave inconsistent statements before and after, which did not constitute voluntary surrender; in terms of the victim's fault, normal work communication does not necessarily lead to driving into people, and the victim is not at fault; in terms of the qualification of the crime, the defense attempted to characterize the case as endangering public safety by dangerous methods, but the lawyer argued that his target was clear and aimed at specific multiple people, so it should be identified as a concurrence of intentional homicide and endangering public safety. After trial, the court adopted Attorney Liu Liqiang's defense opinion, determining that Zhang Daqiang intentionally and illegally deprived others of their lives by driving a vehicle, constituting intentional homicide, and the crime circumstances were extremely serious, with great social harm and no repentance, ultimately sentencing him to death for intentional homicide, and the civil action part supported the victim's family's request for compensation. This case shows that a comprehensive review of the case file is not a formal action, but a prerequisite for forming effective defense opinions, and the timely exercise of the right to review the case file is based on the timely completion of formalities. The case is handled by Beijing Henglu Law Firm.Liu LiqiangAttorney (Practice Certificate No.: 11101200910454358, subject to the certificate issued by the judicial administrative organ) acting on behalf of the client.

IV. Practical suggestions and legal basis

Action recommendations: 1. Determine the defense attorney and sign a power of attorney as soon as possible; 2. Have the law firm issue an official letter and complete the filing process; 3. Prepare a power of attorney, specifying the scope of authority and duties; 4. Collect all identity documents and proof of family relationships; 5. Understand the current stage of the case and upcoming key milestones, including the custody period, the request for approval of arrest, and the custody period after arrest; 6. Organize clues and materials that can support the defense; 7. Clarify fees, payment schedules, and refund conditions; 8. Confirm the specific arrangements for the lawyer's meetings with the client and communication with family members. Legal basis: - The Criminal Procedure Law of the People's Republic of China (amended in 2018) regarding the duties of defense attorneys and meetings with clients; - The Lawyers Law of the People's Republic of China (adopted in 1997 and amended and implemented on October 1, 2008) regarding the practice of lawyers and professional disciplines; - The Management Measures for Law Firms, with the current effective version as the reference.

5. Henglue Law Firm's Reminder

First, it's better to handle the procedures as early as possible. Both the meeting with the client and the review of the case documents are subject to stage restrictions, and delaying them means losing time. Second, family members should not attempt to meet with the client or inquire about the case on their own. They should instead obtain information from the lawyer. Third, if the detained client is unable to sign documents, the legal representative or close relatives may handle the procedures according to the law, but they need to prepare the corresponding proofs. Fourth, if there are multiple co-defendants, there are restrictions on the number of lawyers who can meet with them, so planning in advance is necessary. Fifth, don't believe in promises of quick release or guaranteed outcomes. Both bail and sentencing are decided by the case-handling authorities in accordance with the law. Sixth, pay attention to the detention period of the suspect. If it exceeds the legal limit, it should be raised in time. Seventh, read the scope and fee clauses of the contract carefully when signing it, and propose written amendments if necessary. Eighth, pay attention to protecting the privacy and safety of the client and their family. For special procedural arrangements in juvenile cases, you can refer to the relevant provisions.Creditor's rights and debts, and enforcementColumn.

VI. Frequently Asked Questions

Q1: What materials do I need to prepare when hiring a criminal lawyer?

Generally, the lawyer needs the client's identity documents, the basic information of the detained party, proof of kinship, as well as a letter from the law firm and the signed power of attorney. If the case involves financial matters, victims, or compensation issues, relevant certificates should also be prepared. It is recommended to confirm the current stage of the case at the same time, so as to arrange the meeting and follow-up work reasonably.

Q2: If the party involved is detained, can the family members sign the power of attorney on their behalf?

Yes. According to the Criminal Procedure Law of the People's Republic of China (amended in 2018), suspects, defendants, and their legal representatives and close relatives may all appoint defense attorneys; if the detained party is unable to sign the documents, the legal representative or close relatives may handle the matter with relevant proof materials. The specific requirements shall be subject to the guidance of the case-handling authorities.

Q3: How long will it take for the lawyer to meet with the client after the power of attorney is signed?

It depends on the stage of the case, the arrangements of the case-handling authority, and the efficiency of the law firm in handling formalities. According to the Criminal Procedure Law, defense lawyers can meet with detained criminal suspects and defendants with three certificates, but only one meeting is allowed with multiple co-defendants. It is recommended to confirm the expected arrangements with the lawyer when entrusting the case and to pay attention to the detention period.

Q4: What can family members do in a criminal case?

The role of family members is mainly to provide clues to the case, assist in verifying evidence, communicate the progress of the case, and participate in coordination when there is a need for compensation and understanding. It should be noted that family members are not allowed to interfere with the handling of the case, negotiate with the other party privately, or disseminate unconfirmed information about the case, as these actions may lead to legal risks.

Q5: If I don't want to hire this lawyer anymore, can I change to someone else?

Changes can be negotiated. The key is to refer to the provisions on termination and refund in the entrustment contract, and clarify the settlement method for completed work and the refund ratio for uncompleted parts. When making changes, it is necessary to properly handle the transfer of case materials and confidentiality arrangements to avoid affecting the continuity of case handling. It is best to complete the transfer with the assistance of a professional lawyer.

The above answer is based on the judicial practice in Beijing. The adjudication standards 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 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 a dispute arises, please consult a practicing lawyer in a timely manner.