[Direct answer]In the Beijing area, lawyer meetings are a fundamental step in criminal defense. Experienced criminal lawyers can verify the suspected charges with the suspects, understand the case process and confessions through legal meetings, identify mitigating circumstances such as voluntary surrender, confession, accomplice, and return of illicit gains, and develop defense strategies based on this. According to Article 39 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), defense lawyers can meet and communicate with detained criminal suspects and defendants. Professional and standardized meetings can help fix favorable facts as soon as possible and create conditions for subsequent bail, non-prosecution, or lenient sentencing. For related services, please refer toCriminal defenseColumn.
1. Problem background and typical scenarios
The parties concerned and their families are interested in the lawyers' interview experience. Common situations include: first, the relatives have just been detained and are anxious to confirm whether they are safe and understand the case; second, they worry that the lawyers won't ask questions or fail to ask out the key points; third, the case involves complex facts such as accounts and rhetoric, which require professional identification; fourth, they hope the lawyers can fix the mitigating circumstances such as voluntary surrender and returning the illegal proceeds through the interview; fifth, in the case of corporate crime, it is necessary to clarify the individual's role. The quality of the interview directly affects the starting point of the defense, and if necessary, it can be combined with other measures.Business and contract disputes in enterprisesThe column explains the definition of individual responsibility in corporate crime cases.
II. Key points of contention
Focus One: The timeliness and standardization of the meeting, and whether it is possible to meet with the client as soon as possible and clarify the key issues. Focus Two: Mitigating circumstances discovered through the meeting, such as voluntary surrender, confession, plea bargaining, and being an accomplice. Focus Three: Consistency of statements and corroboration of evidence. Focus Four: Clarifying the facts of complex cases, such as financial records, communication strategies, and the amount of profits obtained. Focus Five: How to translate the information obtained during the meeting into defense arguments. Focus Six: The boundaries of collaboration between family members and lawyers. Specific determinations shall be based on the current effective laws, regulations, and judicial rulings. Relevant injury facts may be referred to for reference.Personal injury and medical disputesColumn.
III. Professional analysis by Henglue Lawyers
Taking the defense of a fraud case handled by our firm as an example, we can observe the role of meetings in establishing mitigating circumstances. From August 2021 to July 2022, D * joined a service company as a salesperson and later became a team leader. He and others posed as POS machine after-sales customer service representatives and used the pretext of activating deposits to commit fraud. During his involvement, the team activated 968 POS machines, involving a total amount of 291,256 yuan and illegal proceeds of 26,971.46 yuan. The public prosecution organ charged D * with fraud, identifying him as an accomplice and considering the amount of fraud to be huge, recommending a fixed-term imprisonment of two years and six months and a fine of 25,000 yuan. D *'s family entrusted our firm's lawyers to defend him. The lawyers immediately met with the client, studied the law and analyzed the case, strived to obtain bail during the investigation stage, and fixed the circumstances of being an accomplice, admitting guilt and accepting punishment, returning all illicit gains and making restitution, and being a first-time offender or occasional offender. During the trial stage, they proposed to reduce the punishment and apply probation. The court accepted the defense opinion and sentenced D * to fixed-term imprisonment of two years and three months, probation of two years and six months, and a fine of 25,000 yuan. This case shows that solid meetings and early fixation of mitigating circumstances can secure significant leniency for accomplices. This case was handled by Beijing Henglu Law Firm.Liu LiqiangThe attorney (practice license number: 11101200910454358, subject to the document issued by the judicial administrative organ) acts as the agent.
IV. Practical suggestions and legal basis
Action suggestions: First, after a relative is detained, hire a lawyer as soon as possible to strive for an early meeting; Second, provide the lawyer with accurate information about the case, especially the process of appearing in court, the ability to profit and make restitution; Third, cooperate with the lawyer to fix the circumstances of voluntary surrender, pleading guilty and making restitution during the investigation stage. For the relevant procedures, you can refer to the following link:Beijing Henglue Law FirmThe column description on the official website; fourth, understanding the norms that the meeting should not convey illegal information or interfere with the investigation. In terms of legal basis, Article 39 of the Criminal Procedure Law of the People's Republic of China guarantees the right of defense lawyers to meet with clients, Article 15 stipulates leniency for pleading guilty and accepting punishment, and Article 27 stipulates that accomplices shall be given a light or mitigated punishment or exempted from punishment.
5. Henglu Law Firm's Advice
Risk warning: Firstly, the meeting experience is reflected in what questions are asked and how to fix the plot, rather than the sheer number of meetings; Secondly, it is advisable to hold meetings as early as possible in complex cases to restore the facts and avoid deviations in the confessions; Thirdly, it is more beneficial to fix the circumstances such as accomplices, returning the illicit proceeds, and admitting guilt and accepting punishment as early as possible; Fourthly, when choosing a lawyer, one should consider his/her experience in similar cases and his/her record of standardized practice. For cases involving personal injury, it is also advisable to refer to the relevant materials.Personal injury and medical disputesColumn.
VI. Frequently Asked Questions
Q1: Are Henglue Criminal Lawyers experienced in meeting clients, and are they able to meet with clients in person?
Professional criminal lawyers have the qualifications and standard procedures to meet with detainees in accordance with the law. Their experience is reflected in their ability to quickly confirm the suspected charges, clarify the process of appearing in court, identify mitigating circumstances, and translate them into defense strategies. Defense lawyers can meet with clients in accordance with the law by presenting their practice certificates, law firm certificates, and power of attorney documents. Generally, such meetings can be arranged within a few days after the client hires the lawyer. The quality of the meeting directly affects the starting point of the defense. It is more reliable to choose a lawyer who has experience in handling similar cases.
Q2: What materials should I prepare for arranging a meeting with a lawyer?
For a delegated meeting, the following preparations are required: the client's identity information; detention and arrest notices, confirming the case-handling unit and the detention location; known clues about the case, such as the way of appearing in court, the amount involved, the script or accounts; and materials proving mitigating circumstances, such as the ability to return the illicit proceeds, the possibility of reaching a settlement, and the absence of a criminal record. After these materials are handed over to the lawyer, the lawyer will verify them in accordance with the law and then decide how to submit them to the case-handling authority.
Q3: How much does it cost to meet with a lawyer?
The lawyer's consultation and subsequent defense fees are usually negotiated in stages or for the entire process, and are affected by the charges and workload. In most regions, the government-set guideline prices apply. A simple consultation may be charged separately, but if the client hires full-process representation, it will be included in the total fees. It is recommended to clarify the scope and frequency of fees and sign a written agreement. Criminal litigation prohibits contingency fees, and any agreements promising a percentage of the outcome are not compliant with regulations.
Q4: How long does it usually take for a lawyer to meet with a client?
After the defense lawyer accepts the client's commission and prepares all the necessary documents, such as the practicing certificate, the law firm's proof, and the power of attorney, they can usually arrange a meeting with the client in the detention center upon presenting these documents. Most cases are completed within a few days, except for those involving crimes endangering national security or terrorist activities, which require approval for meetings during the investigation period. Hiring a lawyer as early as possible can help clients meet with their attorneys sooner and consolidate key facts of the case.
Q5: What should I do if I want to entrust Henglue Law Firm to conduct a meeting with a client?
Suggestions: 1. First, confirm the alleged charges and the detention location. 2. Second, select a lawyer with criminal defense experience and entrust them as soon as possible. 3. Third, provide truthful information and mitigating evidence. 4. Fourth, allow the lawyer to meet with the client according to the law, document the circumstances, and submit legal opinions. 5. Fifth, decide whether to retain full legal representation based on the progress. For reference, please refer to the following materials:Criminal defenseThe team of the column and the description of the case.
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 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 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.