[Direct answer]Generally, they are different. Lawyer fees for criminal cases are usually priced separately according to the litigation stages, with the investigation, review and prosecution, and first-instance trial each being independent. The fees for the review and prosecution stage are generally lower than or not higher than those for the first-instance trial, which are determined through negotiation based on the charge, the number of case files, and the work intensity. According to Article 25 of the Law of the People's Republic of China on Lawyers (amended on September 1, 2017), lawyers should accept commissions, collect fees, and record them truthfully through law firms; according to Article 12 of the Measures for the Administration of Lawyer Service Fees (implemented on December 1, 2006), risk-based fees are prohibited in criminal litigation cases. During the review and prosecution stage, lawyers can review case files, meet with prosecutors, and communicate with them, which is a key window for obtaining a non-prosecution decision. The fees should be agreed upon in writing in accordance with the services provided, and the standard fees can be referenced for reference.Criminal defenseColumn.

I. Problem Background and Typical Scenarios

Such questions are commonly encountered in several situations: First, if the case has been transferred from the investigation stage to the procuratorate, and the family has been informed by the original lawyer that they need to sign a separate contract for the review and prosecution stage and pay additional fees, they may worry about paying twice. Second, if they consult multiple law firms and find that the quotes for different stages vary greatly, they may not know what constitutes a reasonable range. Third, if there are doubts about the evidence in the case and the possibility of non-prosecution, the family may want to know whether it's cost-effective to only hire a lawyer for the review and prosecution stage. Fourth, some lawyers charge high fees under the guise of "guaranteeing non-prosecution," making it difficult for the family to distinguish between genuine and fraudulent offers. Fifth, if the case may end before the first-instance trial, the family may not be sure how the fees will be settled. In Beijing, when handling criminal cases, lawyers usually sign written contracts by stage. The core work of the review and prosecution stage includes reviewing case files, meeting with clients, submitting legal opinions, and communicating with prosecutors about sentencing. The fee structure should correspond to the scope of services, and clients can refer to this for reference.Criminal defenseThe column explains the key points of the commission.

II. Key points of contention

Focus One: Billing models. There are advantages and disadvantages to both stage-based billing and all-inclusive packages. The all-inclusive package may not necessarily be more cost-effective. Focus Two: Whether fees are refunded after a non-prosecution decision. Lawyer's fees correspond to the stage-based services themselves, not the outcome of the case. In principle, fees should be handled in accordance with the contractual agreement. Focus Three: The boundaries of contingency fees. Criminal litigation cases are prohibited from charging based on the outcome. Any high-priced quotes promising "no fees if unsuccessful" and splitting fees based on the outcome are considered illegal. Focus Four: The subject of fees and their payment. Fees should be transferred to the law firm's public account and invoices should be issued. Private transfers lack legal protection. Focus Five: Whether fees are charged separately for second and third appeals. These are usually handled separately from the first appeal. Focus Six: Cost transition for changing lawyers mid-case. The completed workload under the previous and new contracts should be settled separately. Specific fee disputes should be governed by current laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

Based on the multiple criminal cases handled by our firm, we can observe the actual value of lawyers' work in the review and prosecution stage. Firstly, in a case of disseminating obscene materials defended by Attorney Lu Xiaoxue, Zhang * was detained criminally in December 2025 for uploading 49 videos. The lawyer successfully secured bail pending trial in the investigation stage. After the case was transferred for review and prosecution in January 2026, the lawyer argued from multiple perspectives, including the minor circumstances of the case, Zhang's confession and plea of guilty, and the prosecutor's office ultimately decided not to prosecute in accordance with Article 37 of the Criminal Law of the People's Republic of China and Article 177 Paragraph 2 of the Criminal Procedure Law of the People's Republic of China. Secondly, in a case of medical insurance fraud represented by Attorney An Qi, the family urgently entrusted the lawyer when the case was first sent back for supplementary investigation. The lawyer completed the review of the case materials within a short time, identified the defendant as an accomplice and the circumstances of being deceived, and negotiated the amount of the refunded illicit gains to the minimum. On April 18, 2025, the client successfully secured bail pending trial in the review and prosecution stage. Thirdly, in a case of fraud defended by Attorney Yuan Hang, the lawyer first secured bail and assisted in refunding all illicit gains, obtaining the victim's forgiveness, and then submitted an application for non-prosecution in the review and prosecution stage based on the client's being a minor at the time of the crime, his truthful confession, and plea of guilty. The prosecutor's office ultimately decided not to prosecute, and the client did not have a criminal record. These cases show that the review and prosecution stage directly determines whether non-prosecution can be granted. Although the fees for this stage are charged separately, its defense value is no less than that of the first-instance trial. This case was handled by Beijing Henglu Law Firm.Lu XiaoxueAttorney (Practice Certificate No.: 11101202311685747, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

Action suggestions: 1. Before entrusting a lawyer, confirm that the contract is divided into stages and clearly lists the services in the review and prosecution phase, such as the number of case review sessions, frequency of meetings, and arrangements for communicating with the prosecutor. 2. Require that the contract be signed in the name of the law firm, with fees transferred to the official account and invoices provided. Refuse to pay individuals directly. 3. Do not easily believe in phrases like "smooth things over" or "guarantee non-prosecution". Such promises are not only against regulations but also often involve fraud. 4. If there's a possibility of non-prosecution in the case, negotiate with the law firm for phased payments or payment based on milestones. 5. For those with limited budgets, first entrust the review and prosecution phase, and then decide on first-instance representation based on the progress of the case. Legal basis: - Article 25 of the Lawyers Law of the People's Republic of China (amended on September 1, 2017) stipulates that lawyers shall accept and handle cases through law firms, charge fees uniformly, and record them truthfully. - Article 12 of the Measures for the Administration of Lawyers' Service Fees (implemented on December 1, 2006) prohibits risk-based fees in criminal litigation cases. - Article 177 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) stipulates the conditions and procedures for non-prosecution. For service content and the entrustment process, please refer to the relevant provisions.Special services and other casesColumn.

5. Henglue Law Firm's Reminder

Risk Alert: First, criminal fees must be handled by law firms in a unified manner. Transferring funds privately or entrusting cases without contracts or invoices only with receipts poses great risks; Second, promises such as "guaranteed victory" or "guaranteed no prosecution" are all illegal commitments. Legitimate lawyers will only assess the possibility based on evidence; Third, it is a common practice in the industry to charge fees separately at each stage. Before signing the contract, you should confirm the charging method, scope of services, and termination conditions item by item to avoid disputes in the future; Fourth, the amount of fees does not equate to the quality of defense. You should focus on examining the lawyer's defense plan, experience in similar cases, and work arrangements at each stage. It is recommended to finalize the defense points as soon as possible after the case is transferred for review and prosecution, and to grasp the opportunity for reviewing the case files and communication. You can consult with a lawyer for more advice.Beijing Henglue Law FirmObtain targeted advice from the official website in the same category column.

VI. Frequently Asked Questions

Q1: How are attorney fees typically calculated during the review and prosecution phase?

Most lawyers charge by the hour, and a few charge by the case. The price mainly depends on the seriousness of the crime, the number of case files, and whether there is a need for repeated communication and the submission of legal opinions. In the Beijing area, criminal cases are mostly charged by the case, and the fees are determined through written negotiation between the law firm and the client. When signing the contract, the service stages, specific work content, and fee amounts should be clearly stated to avoid verbal agreements.

Q2: If the case ends without prosecution, can the attorney's fees be refunded?

Generally, it is not possible to get a refund. The attorney's fees correspond to the services provided during the review and prosecution stage, rather than the result of non-prosecution. If the services have actually been completed, the fees will be handled in accordance with the contract. Criminal litigation prohibits contingency fees. If someone promises "no fees if not prosecuted" and uses this to raise prices, you should be on your guard. Before entrusting the case, you can negotiate to pay in installments or specify refund clauses in the contract.

Q3: Is it possible to only hire a lawyer during the review and prosecution stage, and then hire another lawyer for the first-instance trial?

Yes. The entrustment stage is determined by the parties and the law firm through consultation. After the case is transferred for review and prosecution, the lawyer can review the case files, meet with the client, and submit legal opinions based on the entrustment procedures. If the prosecution is not initiated during the review and prosecution stage, the case will be terminated, and there will be no need to incur first-instance trial costs. If the case is still prosecuted, the lawyer can evaluate the situation and entrust a first-instance defense separately. The fees for the two stages will be settled separately.

Q4: What specific work do lawyers do during the review and prosecution stage?

These mainly include: reviewing the entire case file at the procuratorate to verify the evidence; meeting with the parties to verify the facts of the case and check the transcripts; communicating with the handling procurators and submitting legal opinions on non-prosecution or lenient treatment; applying for bail pending trial or reviewing the necessity of detention for those who have not yet been granted bail; and negotiating the return of illicit gains, compensation, and reaching a settlement. These tasks directly affect whether to prosecute and the sentencing recommendations.

Q5: Why are attorney fees usually higher in the first-instance stage?

In the first-instance trial, one needs to participate in court investigations, present and cross-examine evidence, engage in court debates, and draft defense statements. The attendance requirements and workload are significantly greater, and the duration is also longer, so the fees are generally higher than those in the review and prosecution stage. However, the specific quotes are still negotiated based on the complexity of the case and the lawyer's workload, without a unified standard. It is necessary to require the law firm to list the fee components and corresponding services in writing before signing the contract.

The above Q&A is mainly based on judicial practices in the Beijing area. There may be differences in the adjudicative approaches 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 relevant evidence materials, to avoid missing the statutory time limit.Criminal defense legal services·Attorney Lu Xiaoxue·Beijing Henglue 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 a dispute arises, please consult a practicing lawyer in a timely manner.