[Direct answer]In the Beijing area, the core duties of criminal lawyers are to provide defense for suspects and defendants in accordance with the law, and at the same time, they can represent the victims to participate in litigation. According to the stages of litigation, the work in the investigation stage includes meeting with detained suspects in time after accepting the entrustment, understanding the suspected charges and interrogation situation, providing legal assistance, applying for changing compulsory measures such as bail pending trial or residential surveillance, and putting forward opinions on illegal evidence collection. The work in the review and prosecution stage includes reviewing, extracting and copying case materials, putting forward opinions on fact determination, evidence legality and charge application, striving for non-prosecution or changing to a lighter crime. The work in the trial stage includes pre-trial conferences, cross-examination, evidence presentation, and delivering defense opinions, striving for acquittal, lighter sentencing or lenient punishment. The execution stage also includes legal assistance in appealing on behalf of the client, applying for reduced sentences and parole. If representing the victims, they can assist in initiating criminal incidental civil actions, applying for counter-appeals, and participating in criminal reconciliation. According to the Criminal Procedure Law of the People's Republic of China (amended in 2018), defense lawyers can meet with detained suspects during the investigation period, which is one of the most important time windows for entrusted lawyers.Criminal defense and criminal case filingYou can view similar questions in this column.

1. Problem background and typical scenarios

When family members consult on this issue, they are usually in several situations: First, a loved one has been criminally detained, and the family only received a detention notice, not knowing what to do or whether to hire a lawyer. Second, the case has entered the review and prosecution stage, and the family is worried that the evidence has already been fixed, so they wonder if it's still possible to hire a lawyer at this stage. Third, the first-instance judgment has been made, and the family is considering whether to appeal or file a complaint. Fourth, the case involves economic crimes or corporate crimes, requiring simultaneous handling of the responsibilities of the enterprise and individuals. There is also a category of victims' families who hope to pursue criminal responsibility against the other party and obtain compensation, but they are not clear about the help lawyers can provide. In the practice of handling cases in the Beijing area, the three most crucial stages where lawyers play a significant role are: meeting with the client during the investigation stage and applying for bail pending trial; reviewing the case file and providing opinions on non-prosecution during the review and prosecution stage; and providing courtroom defense during the trial stage. For preventing corporate criminal risks, the above-mentioned three stages can also be referred to for reference.Intellectual property protection and corporate lawFor columns involving compensation for personal injury to victims, you can refer to the following for reference.Personal injury and medical disputesColumn.

II. Key points of dispute

Focus One: The timing of entrusting a lawyer. The earlier you entrust a lawyer, the better it is for seizing the opportunity for meetings and evidence collection, but there is still room for work at all stages. Focus Two: The scope of the right to meet and the right to communicate. In specific cases involving national security and terrorist activities, meetings during the investigation stage require approval. Focus Three: The conditions and application strategies for bail pending trial, including whether there is a social danger, whether there is a fixed residence and guarantee methods. Focus Four: Review of the legality of evidence and the timing of applying for the exclusion of illegal evidence and the burden of proof. Focus Five: The definition of guilt and non-guilt, and the distinction between different crimes, which directly affect the sentencing level. Focus Six: The application of the leniency system for plea and sentencing negotiations and the boundaries of sentencing consultations. Focus Seven: The authority of victim's representatives and the scope of claims in accompanying civil litigation. Specific determinations shall be based on the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

The role of a criminal lawyer varies greatly in different cases, but the commonality is that they focus their work on the stage of evidence formation. Taking the criminal and civil litigation case of intentional homicide represented by Attorney Liu Liqiang of our firm as an example: On the night of June 16, 2024, in the laboratory of a concrete mixing station, staff members Zhang Bin, Li Yuanzheng, Zhao Gang, and Zhou Xiaohua had an argument with the defendant, Zhang Daqiang, which was eventually settled. However, after being sent back to his dormitory, Zhang Daqiang did not calm down and immediately drove a white off-road vehicle at a speed of about 60 to 62 kilometers per hour into the laboratory, smashing the door and crashing through the back wall, resulting in the instant death of Zhao Gang and injuries to Zhang Bin and Li Yuanzheng. Zhou Xiaohua was also affected by the incident. The victim's wife, Liu Shufen, entrusted Attorney Liu Liqiang to represent her in the civil litigation. The approach taken by Attorney Liu Liqiang is the standard practice of a criminal lawyer: First, he comprehensively reviewed the case files, examining the physical evidence, documentary evidence, witness statements, the defendant's confessions, appraisal opinions, on-site inspection transcripts, and audiovisual materials item by item to form a complete evidence map. Second, he identified the focus of the dispute and organized opinions around four aspects: subjective intent, voluntary surrender, the victim's fault, and the determination of the crime. Third, he refuted the defense arguments one by one, pointing out that the defendant had already expressed murderous intent before the impact, accelerated without avoiding the door despite being less than 5 meters away, and lied about brake failure during the call, which did not constitute voluntary surrender. Fourth, he expressed his opinion on the determination of the crime, arguing that the target was specific and aimed at multiple specific individuals, so it should be determined as intentional homicide. Fifth, he emphasized the extremely serious nature of the crime and its great social harm at the sentencing stage, recommending a severe punishment. In the end, the court adopted the attorney's opinion, sentencing Zhang Daqiang to death for intentional homicide and supporting the victim's family's request for civil compensation. This process clearly shows that the value of a criminal lawyer lies not only in courtroom arguments, but also in sorting out the facts into favorable litigation claims for the client through comprehensive case file review, evidence analysis, and legal application demonstration. This case was handled by Beijing Henglu Law Firm. 刑事律师的作用在不同案件中差别很大，但共同点是都把工作前置到证据形成阶段。以本所刘立强律师代理的一起故意杀人罪刑事附带民事诉讼案件为例：2024年6月16日深夜，某拌合站实验室内，工作人员张斌、李远征、赵刚、周小华与被告人张大强发生争执后被劝开，张大强被送回宿舍后仍未平息情绪，随即驾驶白色越野汽车以约60至62公里的时速冲撞实验室，车辆撞毁房门并从后墙冲出，致赵刚当场死亡，张斌、李远征受伤，周小华受波及。被害人赵刚之妻刘淑芬委托刘立强律师代理附带民事诉讼。刘立强律师的介入方式，正是刑事律师工作的标准动作：一是全面阅卷，逐项审查物证、书证、证人证言、被告人供述、鉴定意见、现场勘验笔录及视听资料，形成完整的证据地图；二是锁定争议焦点，围绕主观故意、自首情节、被害人过错与罪名定性四个方面组织意见；三是逐项驳斥辩解，指出撞击前已表露杀害言语、距门口不足5米仍加速且未避让，足以认定杀人故意，报警时谎称刹车失灵、前后供述不一，不构成自首；四是就罪名定性发表意见，主张目标特定、针对特定多人，应认定为故意杀人罪；五是在量刑层面强调犯罪情节极其严重、社会危害性极大，建议从重处罚。法院最终采纳代理意见，以故意杀人罪判处张大强死刑，并支持被害人家属的附带民事赔偿请求。这一过程清楚说明，刑事律师的价值不仅在于庭审发言，更在于通过全面阅卷、证据分析与法律适用论证，把事实梳理成对委托人有利的诉讼主张。本案由北京恒略律师事务所代理。Liu LiqiangAttorney (practice license number: 11101200910454358, subject to the certificate issued by the judicial administrative organ) acting on behalf of the client.

IV. Practical suggestions and legal basis

Action suggestions: Firstly, if a relative is subject to compulsory measures, it is advisable to hire a lawyer as soon as possible and arrange a meeting with him/her at the earliest opportunity to understand the case and the interrogation process. You may refer to the following for more information.Criminal defense and criminal case filing1. The program description in the column; 2. When entrusting a lawyer, clarify the scope and stages of services, and specify in the contract whether it includes the investigation, review and prosecution, first-instance trial, second-instance trial, and appeal stages; 3. Family members should keep the detention notice, case-related materials, and communication records, and cooperate with the lawyer in sorting out the timeline and relevant parties; 4. For those involved in bail pending trial, prepare materials on fixed residences, work and family situations, and demonstrate the absence of social dangerousness; 5. Victims should entrust a lawyer as early as possible, simultaneously fix compensation evidence and monitor the defendant's property status, preparing for incidental civil actions and subsequent enforcement; 6. Truthfully state the facts to the lawyer, not conceal or falsify evidence, to avoid affecting the effectiveness of the defense. Legal basis: Provisions on defense, meetings, bail pending trial, incidental civil actions, and appeals in the Criminal Procedure Law of the People's Republic of China (amended in 2018); relevant articles of the Criminal Law of the People's Republic of China; specific applications shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, in criminal cases, time is the defense space. Meetings and opinions during the investigation stage often influence the subsequent developments, so it's not advisable to wait until the trial to hire a lawyer. Secondly, don't misunderstand the role of lawyers as being about using connections. Legal defense relies on reviewing case files, examining evidence, and applying the law. Thirdly, family members and clients should provide truthful statements. Any acts of forging or destroying evidence may lead to new legal risks. Fourthly, the leniency granted through plea bargaining is conditional. Whether to plead guilty and what charges to admit should be determined based on the evidence, and it's not advisable to sign agreements blindly. Fifthly, the victim's side also needs professional lawyers' assistance. The scope of claims in accompanying civil litigation, evidence preservation, and enforcement planning all require professional judgment. Sixthly, different cases vary greatly. It's recommended to determine the defense strategy based on the specific circumstances of the case during the consultation, rather than simply applying others' experiences.

VI. Frequently Asked Questions

Q1: Can family members visit their detained relatives during the investigation stage?

Generally, no. During the investigation, only defense attorneys are allowed to meet with detained criminal suspects in accordance with the law. Family members can meet with them through a lawyer to understand the physical condition of the suspect and the basic situation of the case.

Q2: When is the earliest time a criminal lawyer can get involved in a case?

According to the Criminal Procedure Law of the People's Republic of China, a criminal suspect has the right to appoint a defense attorney from the day he/she is first interrogated by the investigative organ or subjected to compulsory measures. During the investigation, the suspect can appoint a lawyer and arrange a meeting with him/her.

Q3: Who submits the application for bail pending trial?

Suspects, defendants, their legal representatives, close relatives, or defense attorneys may all apply for bail pending trial. Whether the application is approved or not shall be decided by the case-handling organ based on factors such as social dangerousness, the nature of the case, and the conditions for bail.

Q4: Can the victim hire a lawyer?

Yes. Victims and their close relatives can appoint litigation agents to participate in criminal proceedings, assist in filing ancillary civil lawsuits in criminal cases, provide opinions on sentencing, apply for appeals against sentences, and participate in criminal reconciliation.

Q5: What else can lawyers do after the first-instance judgment?

They can analyze the judgment on behalf of clients, file an appeal within the prescribed time limit, or lodge a complaint after the judgment takes effect; regarding the enforcement of the incidental civil part, they can also assist in applying for compulsory enforcement and resuming enforcement.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

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