[Direct answer]In the Beijing area, the review and prosecution stage is one of the golden windows for criminal defense. According to Article 40 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), defense lawyers may, from the date on which the people's procuratorate reviews and prosecutes the case, consult, extract, and copy the case file materials; based on this, lawyers can comprehensively verify the evidence, meet to verify the statements, submit legal opinions to the procuratorial organ, and strive for non-prosecution, changes in coercive measures, or lighter sentencing recommendations. The procuratorial organ shall generally make a decision on review and prosecution within one month, and the period may be extended by 15 days for major and complex cases (Article 172); if the suspect admits guilt and pleads guilty, he may be given a lenient punishment in accordance with Article 15. Once the case is prosecuted, the focus of defense will shift to the trial, and there will be more options for early intervention, which can be referred to for reference.Criminal defenseColumn.

1. Problem background and typical scenarios

This type of consultation is common in several situations: first, if no lawyer was hired during the investigation stage or only a meeting was held, and the case has been transferred to the procuratorate, the family wants to know what else can be done; second, if they receive procedural notification documents from the procuratorate; third, if the client hopes to secure a relative non-prosecution; fourth, if they believe that the facts, amounts, or charges identified by the investigative organ are inaccurate; fifth, if there are multiple co-offenders and the division of responsibilities among them is unclear. In the practice of handling cases in the Beijing area, the review and prosecution stage is usually completed within one to one and a half months. This window period is the most concentrated time for defense opinions to influence the prosecution decision. If it is missed, it will be much more difficult to strive for it in the trial stage. The relevant procedural connections can be referred to for reference.Special services and other casesColumn.

II. Key points of contention

First, the choice between prosecution and non-prosecution. After review, the procuratorate can make a decision to prosecute or issue a non-prosecution decision in accordance with the law, and the defense opinions are most likely to be accepted at this time. Second, the determination of charges and amounts. The qualification at the time of transferring the case for review and prosecution is not final. Lawyers can propose to change the qualification or reduce the amount of the charges. Third, whether the coercive measures should be changed. Those who meet the conditions can apply for bail pending trial and initiate a review of the necessity of detention. Fourth, the legality of evidence. Defects in the interrogation process and clues for excluding illegal evidence can be raised at this stage. Fifth, the negotiation space for plea agreements and sentencing recommendations. Sixth, the impact of returning the case for supplementary investigation. With a maximum of two times and each time lasting one month, it will prolong the overall process. Specifically, the current effective laws and regulations and judicial rulings shall prevail.

III. Professional analysis by Henglue Lawyers

From the practical experience of handling criminal cases in our firm, the defense work in the review and prosecution stage includes at least six aspects: 1. Reviewing the case file to comprehensively verify the interrogation transcripts, testimonial evidence, documentary evidence, expert opinions, and synchronized audio-video recordings, identifying contradictions, omissions, and procedural flaws; 2. Conducting meetings to verify whether the client's statements of the facts are consistent, whether the interrogation was conducted lawfully, and whether the guilty plea and punishment acceptance were voluntary; 3. Submitting written defense opinions, suggesting non-prosecution or adjustment of the charges based on arguments such as unclear facts, insufficient evidence, minor circumstances, or lack of social danger; 4. Applying for changes in coercive measures, seeking bail pending trial in accordance with Article 67 of the Criminal Procedure Law where conditions permit; 5. Negotiating sentencing with the prosecution in guilty plea and punishment acceptance cases; 6. Monitoring procedural progress, paying attention to re-investigations, deadline extensions, and prosecution decisions, timely updating family members and planning for the transition to the trial stage. In practice, a significant proportion of favorable outcomes such as non-prosecution, charges with minor offenses, and lower sentencing recommendations are achieved through professional advice at this stage. Beijing-based procuratorial organs have relatively standardized mechanisms for hearing defense opinions, and written opinions should be clear in their arguments, provide clear evidence indexes, and specify specific demands.

IV. Practical suggestions and legal basis

Action suggestions: 1. Confirm that you hire a lawyer as soon as possible after the case enters the review and prosecution stage, leaving sufficient time to submit opinions. 2. When hiring a lawyer, clarify the authorization and work plan, and require the lawyer to review the case files and provide feedback on the evidence in person. 3. Family members should not privately contact witnesses or inquire about the case to avoid being suspected of interfering with the testimony. 4. If the defendant has objections to the allegations, they should express their views through the lawyer during meetings and in legal opinions, rather than making self-incriminating statements. 5. Be cautious when pleading guilty and accepting the punishment, and sign the plea agreement only after the lawyer has analyzed the sentencing recommendations. 6. Keep all legal documents from each stage to facilitate the connection of subsequent procedures. Legal basis: Article 40 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) stipulates that defense lawyers may review, excerpt, and copy case file materials from the date of review and prosecution. Article 172 stipulates that the review and prosecution period is generally one month, and it may be extended by 15 days for major and complex cases. Article 67 stipulates the conditions for bail pending trial. Article 15 stipulates that guilty pleas and acceptance of the punishment may be given lenient treatment in accordance with the law.

5. Henglue Law Firm's Advice

Risk Warning: First, although there are statutory time limits for review and prosecution, returning the case for supplementary investigation will prolong the time significantly, so families need to be mentally prepared. Second, non-prosecution is not an inevitable outcome. Whether it can be achieved largely depends on the evidence and circumstances, so don't believe in rumors like "paying money to get someone out of trouble". Third, if you regret signing the plea agreement after confessing guilt and accepting the punishment, there will be procedural consequences. Before signing the agreement, you must listen to the lawyer's comprehensive analysis of the sentencing proposal and evidence. Fourth, once the case is prosecuted, you should promptly switch to the defense strategy in the trial stage. It is recommended to hire a professional lawyer to follow up as soon as possible and seek legal advice when necessary.Beijing Henglue Law FirmPlease check the process arrangements on the official website.

VI. Frequently Asked Questions

Q1: Is there a high probability of obtaining a non-prosecution decision during the review and prosecution stage?

It depends on the evidence and the circumstances of the case. If the crime is relatively minor, the evidence is insufficient, or the case meets the statutory non-prosecution conditions, there is indeed room to strive for non-prosecution through professional defense opinions, and a considerable proportion of non-prosecution decisions in practice are made at this stage. However, for serious crimes and cases with sufficient evidence, the focus of efforts is more on lightening the charge and negotiating the sentencing. Lawyers can only give relatively reliable assessments after reviewing the case files, so don't easily believe in guarantees of success.

Q2: Can family members understand the case after the lawyer reviews the case file? What preparations are needed for this?

After reviewing the case file, the lawyer may communicate the key points of the defense and an overview of the evidence to the family within the scope of not violating the obligation of confidentiality. The family should prepare the following documents: the power of attorney and proof of kinship, the document of compulsory measures, the statement on the client's health and appearance in court, and the background materials on the client's family and work. These documents will help the lawyer determine the necessity of detention, the client's willingness to plead guilty and accept the punishment, and the social danger of the client, thus forming targeted defense opinions.

Q3: How much does it cost to hire a lawyer at this stage?

The review and prosecution stage is usually billed separately, but it can also be packaged with the investigation and first-instance trial stages. The specific arrangements will be negotiated and formalized in a written contract based on the complexity of the case and the workload involved. Criminal litigation does not allow risk-based representation. Instead of just focusing on the quote, it's more important to check whether the lawyer has personally reviewed the case files, conducted meetings, and provided written opinions. For budgeting purposes, it's recommended to request a written list of the service content, key stages, and fee calculation methods during the consultation.

Q4: How long does the review and prosecution stage usually last?

The procuratorate shall generally make a decision within one month, and the period may be extended by 15 days for major and complex cases; where the case is returned for supplementary investigation, each time shall be one month, with a limit of two times, and the overall period may be extended to several months. It is advisable to submit the defense opinions as soon as possible after the case is accepted to avoid communicating hastily near the decision-making period. The specific time limits shall be subject to the time specified in the case procedure documents.

Q5: What exactly should family members do now?

The first step is to confirm whether the case has been transferred to the procuratorate and pay attention to the procedural documents and notifications from the case-handling authorities. The second step is to handle the entrustment as soon as possible, allowing the lawyer to meet with the client and review the case file. The third step is to organize the client's background and appearance materials for the lawyer's reference. The fourth step is to make a decision after fully communicating with the lawyer about the pros and cons of pleading guilty and accepting the punishment. The fifth step is to keep pace with the lawyer's procedures and follow up on the results of non-prosecution or prosecution. For reference only.Criminal defenseThe column introduces the service content at each stage.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication guidelines in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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