[Direct answer]In the Beijing area, the investigation stage is the golden period for criminal cases, during which lawyers can legally carry out a number of key tasks. According to Articles 34 and 38 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), defense lawyers can provide legal assistance to suspects during the investigation, represent them in appeals and complaints, and apply for changes in coercive measures. They can review the case files only from the date the case is transferred for examination and prosecution. Specifically, this includes: meeting with suspects to verify the case facts, understanding the suspected charges and case facts from the case-handling authorities, applying for bail pending trial or review of the necessity of detention, submitting legal opinions, and guiding family members to make restitution and reach a settlement. Early involvement can secure more room for subsequent defense. For related services, please refer to the following link:Criminal defenseColumn.

1. Problem background and typical scenarios

The family of a criminal suspect often thinks that lawyers only get involved after the trial, but in fact, the investigation stage is the most crucial. Common situations include: First, after the suspect is detained, the family is eager to learn the suspected crime and the detention location; Second, the case is still under investigation, and the evidence has not been fixed, so lawyers need to meet and verify it as soon as possible; Third, the suspect may meet the conditions for bail, and lawyers need to apply for a change in coercive measures; Fourth, the family hopes to make restitution and reach a settlement, but they don't know how to do it; Fifth, after the approval of the arrest, they hope to obtain bail through a review of the necessity of detention. When handling similar cases in Beijing, lawyers usually first confirm the suspected crime and the detention status, and then carry out work in stages. For cases involving restitution, they can refer to the relevant provisions.Creditor's rights and debts, and enforcement casesColumn.

II. Key points of contention

First focus: The scope of lawyers' rights and duties in the investigation stage includes meeting with clients, providing legal assistance, lodging appeals and complaints, and applying for bail, but reviewing case files can only be done after the case is transferred to the prosecution stage. Second focus: The timing of applying for a change in coercive measures differs between the period within 37 days of criminal detention and after the approval of arrest. Third focus: The key arguments for reviewing the necessity of detention should focus on the absence of social danger. Fourth focus: The role of compensation and apologies in bail application and sentencing. Fifth focus: The fixed mitigating circumstances such as voluntary surrender and pleading guilty and accepting punishment. Sixth focus: Matters requiring cooperation from family members, such as preparing guarantors and compensation funds. Specific determinations shall be based on the current effective laws, regulations, and judicial rulings. Relevant procedures can also be referred to for reference.Special services and other casesColumn.

III. Professional analysis by Henglue Lawyers

Take the defense of a case of intentional injury handled by our firm as an example, we can observe the working space of lawyers in the investigation and post-approval arrest stages. The client, A*, was detained criminally on July 13, 2024, and approved for arrest on July 26, and was detained in the Beijing Daxing District Detention Center. The client's family entrusted our firm's lawyers to act as defenders. The lawyers promptly met with the client and applied to the investigative organ for bail pending trial. After the public security organ refused to change the detention measure, the lawyers applied to the procuratorial organ for a review of the necessity of detention, systematically putting forward three reasons: A* voluntarily admitted guilt and repented, and he and his family had reached an understanding with the victim and made a truthful statement, meeting the conditions for bail; A* was a first-time offender and occasional offender, and the case was triggered by a trivial dispute, with little subjective malice; A* had no possibility of committing new crimes, destroying evidence, colluding with co-defendants, or fleeing, and there was no need for continued detention in accordance with the principles of minimizing arrests, prosecutions, and detention. Ultimately, the procuratorial organ determined that there was no need for continued detention, and changed the coercive measure to bail pending trial, and A* was released from detention after the approval of arrest. This case shows that even after being approved for arrest, lawyers can still continuously strive for bail through a review of the necessity of detention. This case was handled by Beijing Henglu Law Firm.Lu XiaoxueThe attorney (practice certificate number: 11101202311685747, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action recommendations: First, immediately hire a lawyer to meet with the suspect after they are detained in criminal custody, and fix the process of their appearance in court and their subjective state; Second, inquire with the case-handling organ about the suspected crime and the verified facts of the case; Third, evaluate the conditions for bail, and timely apply for bail pending trial or a review of the necessity of detention after approval of the arrest; Fourth, guide the family to sincerely make restitution and obtain a letter of apology, so as to reduce the evaluation of social danger; Fifth, assist the suspect in surrendering voluntarily and pleading guilty to the charges, in order to strive for lenient punishment. In terms of legal basis, Articles 34, 38, 67, 81 and 95 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) stipulate the right to defense, the conditions for bail, and the review of the necessity of detention. The relevant key points can be referred to for reference.Creditor's rights and debts, and enforcement casesColumn.

5. Henglu Law Firm's Reminder

Risk Alert: Firstly, during the investigation stage, you cannot review the case files, but meeting with a lawyer and obtaining legal assistance are just as crucial. Do not wait until the trial to hire a lawyer. Secondly, there are two bail application windows: within 37 days of criminal detention and after the approval of arrest. Although it is more difficult to apply for bail after the approval of arrest, there is still room for negotiation. Thirdly, making restitution and reaching a settlement with the victim can significantly reduce the evaluation of social dangerousness, which is an important factor in obtaining bail and sentencing. Fourthly, lawyers must comply with laws and regulations and are not allowed to collude in giving false testimony or transmit prohibited items. It is recommended that family members consult a lawyer as soon as possible after the case involves a family member.Beijing Henglu Law FirmProfessional lawyers should take the initiative in defending their clients during the investigation stage.

VI. Frequently Asked Questions

Q1: Can lawyers review the case files during the investigation stage?

Generally, this is not allowed. According to Article 40 of the Criminal Procedure Law, defense attorneys may only review, excerpt, and copy the case file materials from the date the People's Procuratorate reviews and prosecutes the case; during the investigation stage, lawyers are not yet able to review the case files. However, during the investigation period, lawyers can meet with suspects, provide legal assistance, represent them in filing appeals and complaints, and apply for changes to coercive measures. These actions themselves can lay a crucial foundation for subsequent defense work.

Q2: Can lawyers apply for bail during the investigation stage?

Yes. Defense lawyers can apply for bail pending trial for criminal suspects at the investigation stage, submit legal opinions to the case-handling organ and explain reasons such as no social danger. If the suspect has been approved for arrest, the lawyer can also apply for a review of the necessity of detention in accordance with Article 95 of the Criminal Procedure Law, and argue for the change of coercive measures based on factors such as admitting guilt and showing remorse, obtaining understanding from the victim, and no social danger. There is still room for negotiation after the approval of the arrest.

Q3: What can lawyers do for families during the investigation stage?

Lawyers can attend the meeting on behalf of the client and provide legal information, inquire about the suspected charges and case details from the investigating authorities, guide family members in preparing bail sureties, compensation payments, and letters of understanding, assist in establishing mitigating circumstances such as voluntary surrender and plea bargaining, and provide professional judgments on false rumors. Meanwhile, family members should avoid interfering with the testimony or transferring assets, cooperate with lawyers to advance the case in accordance with the law, and refrain from colluding with co-defendants to fabricate evidence.

Q4: How much does it cost to hire a lawyer during the investigation stage?

Generally, attorneys' fees are negotiated based on the alleged charges, the stage of the case, and the workload. They are typically charged in stages according to the investigation, review of prosecution, and trial, and there is no unified standard. The investigation stage typically includes work such as meetings, applications for bail, and legal opinions. The specific amount should be evaluated based on the nature of the case. It is recommended to first conduct a preliminary discussion on the feasibility of bail and the scope of work, and then determine the engagement plan and budget.

Q5: When is the best time to hire a lawyer after a family member is detained by criminal detention?

The earlier, the better. It is advisable to appoint a lawyer within the golden period of 37 days after criminal detention. At this time, the lawyer can meet with the client in time, verify the case facts, submit legal opinions on bail, and strive to change the compulsory measures before the review of the arrest; even if the client has been approved for arrest, it is necessary to appoint a lawyer as soon as possible and continue to strive for it through the review of the necessity of detention. It is recommended to prioritize understanding the relevant points of criminal defenseWork-related injuriesFor professional explanations outside the column, do not wait until the trial to intervene, so as not to miss the defense window in the investigation stage.

The above content is based on the 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 currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence, to avoid missing the statutory time limits. →Criminal defense legal services·Attorney Lu Xiaoxue·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 a dispute arises, please consult a practicing lawyer in time.