[Direct answer]In the Beijing area, after a family member is detained criminally, lawyers can meet with them to verify the case, inform them of their litigation rights, and convey legal information, but they cannot pass on illegal content such as colluding with others to fabricate evidence, retract their confessions, or conceal or destroy evidence. According to Article 39 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), defense lawyers may, upon presenting their lawyer's practice certificates, proofs of law firms, and power of attorney documents, request to meet with detained criminal suspects. The detention center shall arrange the meeting promptly. However, for cases such as those involving crimes endangering national security or terrorist activities, meetings during the investigation period require the permission of the investigative organ. Family members may ask lawyers to convey legitimate content such as their willingness to make restitution, their pleas of guilty and acceptance of punishment, and arrangements for family affairs, and to report on the physical condition and living needs of the client. Relevant defense points can be referred to for reference.Criminal defenseColumn.

1. Problem background and typical scenarios

Such needs are common in several situations: First, the family member is suddenly detained by the police, and the family knows nothing about the case. They want to meet with a lawyer to understand the suspected crime and the detention situation; Second, the family wants to convey their willingness to make restitution and reach a settlement to create conditions for bail; Third, the client is ill or emotionally unstable, and the lawyer needs to verify and comfort them; Fourth, the family wants to know how many days they will be detained next and when the prosecution will be requested; Fifth, the family is worried that the meeting may "communicate information" in violation of regulations and do not know where the boundaries are. When handling similar cases in the Beijing area, the first 37 days of the investigation stage are the key window for meeting with the lawyer and seeking bail. The relevant process can be referred to for reference.Criminal defenseColumn.

II. Key points of contention

Focus I: Meeting with "delivering messages" within legal boundaries. Transactional and legal information can be conveyed, but it is strictly prohibited to pass on content related to colluding with others, giving false testimony, or transferring illicit funds. Otherwise, family members and clients may be suspected of committing new crimes. Focus II: The functional positioning of meetings. Lawyer meetings are not just about delivering messages. The core purpose is to verify the investigation and evidence-gathering process and formulate defense strategies. Focus III: Guaranteeing the right to meet. In general cases, detention centers should arrange meetings promptly and not delay them on the grounds of investigation needs. Focus IV: Confidentiality of meeting content. Defense lawyers should not be monitored when meeting with criminal suspects. Focus V: How lawyers legally use information entrusted by family members and transform it into defense materials. Specifically, this shall be subject to the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Law Firm

Take the multiple bail application cases handled by our firm as examples, we can clearly see the practical role of the meeting with clients. Firstly, Huang * was criminally detained on August 25, 2024, on suspicion of illegally absorbing public deposits. His family immediately entrusted our lawyers to handle the case. During the meeting, we learned that Huang * had also invested over 100,000 yuan in financial products while working at the involved company and was also a victim. The family had already repaid 200,000 yuan of his salary and income, but he was unaware of the basic facts and his role was limited. Based on this, the lawyers actively communicated with the investigating authorities and submitted a request for refusal of arrest, demonstrating the case from multiple aspects such as the repayment situation, subjective malice, and social danger. Ultimately, in accordance with Article 67 Paragraph 1 Item 2 of the Criminal Procedure Law of the People's Republic of China, Huang * was granted bail during his detention period, and he regained his freedom after 30 days of detention. Secondly, after Li * was criminally detained on suspicion of fraud on July 16, 2024 and approved for arrest on August 8, 2024, the lawyers, through meetings with the investigating police and consultations with them, understood the reasons for the arrest. They submitted a review application for the necessity of detention from eight aspects, including repayment and understanding, pleading guilty and accepting punishment, and the involved amount being only over 40,000 yuan, with a young daughter needing care. The bail application was approved in less than a week. Thirdly, Chen * was criminally detained for reposting three obscene videos on a forum. The lawyers verified the number of posts, motives, and appearance at the scene, confirming that he had not profited from it, was a first-time offender, and had surrendered voluntarily. Based on the dual proof of the threshold for criminal responsibility and the lack of social danger, the investigating authorities decided to grant bail. These details obtained during the meetings are the foundation for legal "communication" and subsequent defense. This case was handled by Beijing Henglu Law Firm.Yuan HangThe attorney (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical Suggestions and Legal Basis

Action recommendations: First, handle the entrustment procedures as soon as possible and provide the lawyer with proof of your relationship with the client and the client's family contact information, so that the lawyer can arrange the first meeting; Second, truthfully inform the lawyer about the case, the client's physical condition, and family difficulties, as this information can be used for bail justification; Third, ask the lawyer to convey only lawful matters such as the willingness to make restitution, plead guilty and accept punishment, and arrange family affairs, and never request him to pass on information about colluding or recanting confessions; Fourth, prepare the restitution money and guarantors or bail funds in time according to the feedback from the meeting; Fifth, cooperate with the lawyer to grasp the communication window before applying for arrest after criminal detention. Legal basis: Article 39 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) guarantees the right of defense lawyers to meet with clients; Article 67 stipulates the conditions for bail pending trial; Article 91 stipulates the time limit for applying for arrest after detention, with a maximum of 37 days from detention to approval of arrest for general cases. Relevant document highlights can be referred to for reference.Special services and other casesColumn.

5. Henglu Law Firm's Reminder

Risk Warning: Firstly, family members should not ask lawyers to convey information related to colluding with others to fabricate evidence or destroying evidence, nor should they privately inquire about the case or believe in the claims of "bribing officials to secure release", to avoid being suspected of committing new crimes; Secondly, the period of criminal detention is short, and the earlier you entrust a lawyer, the more likely you are to complete the meeting and submit legal opinions before the request for approval of arrest; Thirdly, there are boundaries to the communication of case-related information. Please refer to the lawyer's professional judgment for such communication; Fourthly, be vigilant against promotional claims such as "guaranteeing bail" and "knowing the case handlers". It is recommended to seek legal help as soon as possible.Beijing Henglue Law FirmTo learn about criminal defense services, please visit our official website. A practicing lawyer will evaluate your case and discuss the defense strategy with you.

VI. Frequently Asked Questions

Q1: After my family member is detained by the police, can a lawyer arrange for bail pending trial?

It can be attempted. According to Article 67 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), if a person is likely to be sentenced to imprisonment or a more severe punishment, but the adoption of bail will not lead to social dangerousness, or if the person suffers from a serious illness or is a pregnant or breastfeeding woman, etc., he or she may be granted bail pending trial. For defendants who play a minor role, have made restitution, admitted guilt and accepted the punishment, or are first-time offenders, the chances of being granted bail are greater. Lawyers, after obtaining first-hand information through meetings, can submit applications for refusal of arrest or legal opinions on bail pending trial, which is a key path to securing freedom during detention. The specific outcome depends on the circumstances of the case and the evidence.

Q2: When commissioning a lawyer to attend a meeting, what materials do family members need to prepare?

These usually include: materials such as household registration books and marriage certificates that can prove the identity relationship with the client; signing power of attorney and entrustment agreements; truthfully explaining to the lawyer the case you know about, the client's physical condition and family situation; preparing materials related to the return of compensation funds, guarantors or deposits. The more complete the materials and information are, the faster the lawyer can formulate defense and bail plans after the meeting, avoiding a wasted opportunity during the critical period.

Q3: How much does it cost to hire a lawyer to meet with a client during the criminal detention stage?

The attorney's fees are determined through negotiation based on factors such as the stage of the case, its complexity, and travel expenses to other locations, as there are no unified regulations in law. During the investigation stage, fees are usually charged on a per-stage basis, covering tasks such as meeting with clients, submitting legal opinions, and communicating with case-handling authorities. The investment required for a simple meeting differs greatly from that of full-scale defense. It is recommended to clarify the scope of services and fee calculation methods before entrusting the attorney, to avoid disputes arising from verbal agreements, and to make a rational assessment before signing the contract.

Q4: What is the maximum length of criminal detention? How long will it take to get the results?

According to Article 91 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), the public security organ generally submits a request for approval of arrest within three days after detention, and the period may be extended by one to four days. For major suspects who commit crimes on the run, repeatedly, or in gangs, the period may be extended to 30 days. The procuratorate reviews and approves the arrest within seven days, so the maximum period from detention to approval of arrest for general cases is 37 days. After the approval of arrest, the focus of defense shifts to the review of the necessity of detention and sentencing defense, and the entire process varies depending on the charge and the procedure.

Q5: If you find out that a family member has been detained by the police, what should the family do first?

The first step is to verify the detention location and the suspected charges with the case-handling authority. After detention, the family will usually be notified within 24 hours; the second step is to appoint a criminal lawyer as soon as possible to meet with the client and understand the case and the client's situation; the third step is to discuss with the lawyer preliminary strategies such as compensation and bail and prepare the necessary materials; the fourth step is to avoid inquiring about the case privately or transferring or hiding assets related to the case. For more details on the relevant procedures, please refer to the following sources:Criminal defenseThe column features professional lawyers evaluating the progress of the case and providing advice on how to proceed.

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 Henglue Lawyers about 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 Yuan Hang·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.