[Direct answer]In the Beijing area, the investigation stage is the first stage of criminal litigation. From the initiation of the case to the conclusion of the investigation, although family members cannot directly participate in the case, they can do many things according to law: hire a defense lawyer for the suspect, let the lawyer meet and understand the suspected crime and the case; provide the lawyer with clues and materials that can prove innocence or mitigating circumstances; pay attention to the status of coercive measures and cooperate with the application for bail pending trial; avoid interfering with the testimony or destroying evidence. According to Article 34 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), a criminal suspect has the right to appoint a defense lawyer from the date of the first interrogation or the adoption of coercive measures by the investigating organ. Early intervention can help safeguard legitimate rights and interests. For related services, please refer to the following link:Criminal defenseColumn.

I. Problem Background and Typical Scenarios

During the investigation stage, family members often face the following dilemmas: First, the case has just been registered, and there is limited information, so they don't know where the suspect is detained; Second, they worry that the suspect's confession might be unfavorable and hope that a lawyer can intervene as soon as possible; Third, they have some facts that are favorable to the suspect, but they don't know how to submit them; Fourth, the case involves accounts, injuries, or technical facts, which require professional judgment; Fifth, they lack understanding of the investigation period and changes in coercive measures. At this time, it is the most reliable solution to entrust a professional lawyer, who can meet with the suspect and provide legal advice in accordance with the law. For related injury facts, please refer to the following information:Personal injury and medical disputesColumn.

II. Key points of dispute

First, the earlier a lawyer gets involved, the better it is to establish favorable facts. Second, the direction of coercive measures, whether to report for arrest and whether bail can be granted. Third, early judgment of guilt or innocence, and the distinction between different crimes. Fourth, the boundaries of family members submitting clues, which must be legal and not interfere with the investigation. Fifth, in cases of corporate crime or economic crime, the distinction between individual responsibility and corporate responsibility, and relevant circumstances can be referred to for reference.Business and contract disputes in enterprisesColumn. Focus 6: Investigation period and rights protection. The specific determination shall be based on the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

From the practical experience of the lawyers handled by our firm, the investigation stage is a fundamental link in determining the direction of the case. After lawyers get involved, the first task is to meet with the suspect in accordance with the law, verify the suspected charges, the process of appearing in court, and the content of the confession, and judge whether there are mitigating circumstances such as voluntary surrender, confession, and understanding; secondly, sort out the clues provided by the family and identify those that can be used as evidence of innocence or light punishment; thirdly, submit legal opinions to the case-handling authorities as appropriate, such as not constituting a crime, no social danger, and the need to change the coercive measures, etc. For economic crimes and cybercrimes, it is also necessary to judge the nature of the crime based on accounts, data, and appraisal opinions. The lawyers handled by our firm pay attention to fixing evidence and circumstances at the investigation stage, creating space for subsequent review, prosecution, and trial, and avoiding responding passively after the approval of arrest or prosecution.

IV. Practical suggestions and legal basis

Action recommendations: First, confirm the case-handling unit and the suspected charges, and record the time of filing the case and taking compulsory measures; Second, appoint a lawyer to meet with the suspect as soon as possible to understand the real circumstances of the case; Third, systematically organize and submit clues favorable to the suspect, such as letters of understanding, compensation certificates, appearance records, consistent performance, and the key points of relevant documents can be referred to for referenceSpecial services and other cases1. Columns; 2. Focus on the arrest reporting node, and strive not to approve the arrest within seven days of review; 3. Never forge, destroy evidence, or interfere with witnesses. 4. Legal basis: Article 34 of the Criminal Procedure Law of the People's Republic of China stipulates the right to appoint a defense attorney; Article 67 stipulates the conditions for bail pending trial; and Article 95 stipulates the review of the necessity of detention.

5. Henglue Law Firm's Reminder

Risk Warning: First, during the investigation stage, information is limited but crucial. The earlier you hire a lawyer, the more proactive you can be. Second, family members cannot meet the suspect directly. All communication should be conducted through the defense lawyer in accordance with the law. Third, never believe that connections can smooth over a case. Formal procedures are the only way out. Fourth, all submitted materials must be true and legal. Any attempt at fraudulent behavior may backfire. For other legal service needs, please pay attention to our firm.Beijing Henglue Law FirmThe various professional columns of the website.

VI. Frequently Asked Questions

Q1: Is it really useful to hire a lawyer during the investigation stage?

It's indeed useful to hire a lawyer during the investigation stage, but it doesn't guarantee the outcome. A lawyer can legally meet with the suspect, understand the case, determine the nature of the crime, fix mitigating circumstances, and submit opinions on not approving the arrest or bail during the reporting process, which directly affects the subsequent developments. Whether the suspect will be released without arrest, not prosecuted, or given a light sentence depends on the facts and evidence. However, intervening as early as possible can significantly increase the chances of achieving a favorable outcome and avoid being passive in the process.

Q2: What materials should family members prepare during the investigation phase?

The family can prepare the following materials: detention or case filing notifications, confirming the charges and the case-handling unit; the suspect's identity information; clues that can prove innocence or light punishment, such as letters of understanding, compensation certificates, appearance records, no criminal record, and consistent performance; for corporate crimes, company materials and accounts are also required. After submitting these materials to the lawyer, the lawyer will meet with the suspect to verify the information and then decide whether and how to submit the materials to the case-handling authority.

Q3: How much does it cost to hire a lawyer during the investigation stage?

During the investigation stage, lawyers' fees are usually charged separately or included in the overall representation fee. The fee amount is determined based on the charges and the workload, and is subject to negotiation between the client and the law firm. In most regions, the fees are set at government-guided rates. It is recommended to clearly define the scope of fees, the number of meetings and court appearances, and to sign a written agreement. Criminal litigation prohibits contingency fees. Any arrangement that promises a fee based on the outcome is not in compliance with the law.

Q4: How long does the investigation phase typically last?

The investigation stage generally lasts for two months, and the case can be extended according to law if it is complex; the maximum detention period is 37 days (including seven days for review and arrest), after which the suspect may be granted bail, placed under residential surveillance, or arrested. The period from the investigation to the first-instance trial may last from several months to more than a year. During the investigation stage, it is important to strive to avoid detention or to secure bail. The outcome is often determined during the detention period, so it is more beneficial to hire a lawyer as early as possible.

Q5: What should family members do during the investigation stage?

Suggestions: 1. First, confirm the suspected charges and the case-handling unit. 2. Immediately hire a professional criminal defense lawyer to meet and communicate with them. 3. Organize and submit evidence to prove that the crime is minor or non-dangerous. 4. Within seven days of the review of the arrest, cooperate with the lawyer to strive for a decision not to approve the arrest or to grant bail. 5. Stay away from scams involving relationships and follow proper legal procedures. For more information, please refer to the following sources:Criminal defenseThe service description of the column is to select qualified lawyers.

The above answer is based on the judicial practice in Beijing. The judicial interpretation 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 materials to avoid missing the statutory time limit.Criminal defense legal services·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.