[Direct answer]In the Beijing area, the duties of criminal defense lawyers run through the entire criminal litigation process. According to Article 37 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), the responsibilities of defense attorneys are to, based on the facts and the law, present materials and opinions that prove the suspects or defendants are innocent, guilty of minor crimes, or have their criminal responsibility mitigated or exempted, and to safeguard the litigation rights and other legitimate rights and interests of the suspects or defendants. Specifically: - In the investigation stage, they provide legal assistance to clients, file appeals and complaints on their behalf, and apply for changes in coercive measures (Article 38); - In the review and prosecution stage, they review case files and present defense opinions; - In the trial stage, they attend court hearings, cross-examine witnesses, and apply to exclude illegal evidence; - After the verdict, they can also represent clients in appeals, applications for retrials, and reviews of the necessity of detention. Whether to hire a lawyer and the timing of hiring a lawyer can be referred to for reference.Criminal defenseColumn.

I. Problem background and typical scenarios

The most common times when family members consult lawyers about their duties are: first, when a loved one has just been detained criminally and they don't know what a lawyer can do at this time or whether to hire one immediately; second, when the person has been approved for arrest and they worry that "once the arrest is approved, there's no hope left," not understanding follow-up measures such as the review of the necessity of detention; third, when the case enters the plea bargaining process, they don't understand the roles of defense lawyers and duty lawyers in the sentencing negotiation; fourth, when the trial is approaching, they need lawyers to assist with cross-examination and sentencing defense; fifth, when they are dissatisfied with the judgment result, they consult about the possibility of appealing and retrial. When handling criminal cases in Beijing, lawyers play a particularly prominent role in the investigation stage, bail applications, and the review of the necessity of detention after approval of arrest. Relevant services can be referred to for reference.Criminal defenseColumn.

II. Key points of dispute

First, the scope of lawyers' actions in the investigation phase: meeting to understand the case, informing clients of their rights, and applying for bail. Whether they intervene in a timely manner directly affects the subsequent scope of their actions. Second, the duties of defense lawyers in cases involving guilty pleas and sentencing agreements: verifying the facts and sentencing recommendations, providing advice on the written plea agreement, and preventing clients from blindly signing unfavorable sentencing agreements. Third, the exclusion of illegal evidence: lawyers have the right to apply for the exclusion of evidence obtained through coercive interrogation, fatigue interrogation, and other illegal means of obtaining evidence. Fourth, the choice of strategies for defense of innocence and mitigation of guilt: determining the optimal strategy based on the evidence situation to avoid misguided strategies. Fifth, the boundaries of ensuring the right to review case files and the right to meet clients: according to Article 39 of the Criminal Procedure Law, meetings with clients shall not be monitored. Sixth, the extension of duties in the post-sentencing phase: representing clients in appeals, applying for review of the necessity of detention, and applying for retrial. Specifically, the above content is based on the currently effective laws, regulations, and judicial rulings. Key documents and procedures at each stage can be referred to for further reference.Special services and other casesColumn.

III. Professional analysis by Henglue Lawyers

Based on the multiple criminal cases handled by our firm, we can directly observe the implementation of defense lawyers' responsibilities at various stages. Firstly, after the approval of detention, we strive to change the coercive measures. In an intentional injury case, the client was criminally detained on July 13, 2024, and approved for detention on July 26, having already exceeded the "golden 37-day period". After accepting the case, Attorney Lu Xiaoxue met with the client multiple times. When the public security organ refused to change the coercive measures, she applied to the procuratorial organ for a review of the necessity of detention, arguing that the client admitted guilt and repented, reached a settlement with the victim, was a first-time offender, and posed no social danger. The procuratorial organ, after review, determined that there was no need for continued detention and changed the measure to bail pending trial. Secondly, we systematically argued for bail conditions. In a case of provoking trouble, the attorney comprehensively provided evidence from aspects such as no social danger, poor health meeting humanitarian standards, willingness to compensate, having a fixed residence in the local area, and the facts being largely clarified, as well as being a first-time offender. The procuratorial organ also decided to change the measure to bail pending trial. Thirdly, we provided qualitative defense. In a case of mutual assault causing injuries, the attorney reviewed the case and argued for self-defense based on Article 20 of the Criminal Law of the People's Republic of China. Combined with Articles 16 and 177 of the Criminal Procedure Law of the People's Republic of China, we submitted an application for non-prosecution, which was accepted by the procuratorial organ and resulted in a non-prosecution decision. These cases demonstrate that the defense lawyer's responsibility is not to "promise results", but to thoroughly present the facts, evidence, and circumstances at each stage in accordance with the law. This case was handled by Beijing Henglue Law Firm.Lu XiaoxueThe attorney (practice certificate number: 11101202311685747, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action recommendations: First, if the family member is subject to compulsory measures, it is advisable to hire a lawyer as soon as possible to seize the opportunity for meetings and bail application during the investigation stage. Second, when hiring a lawyer, prepare a power of attorney and proof of kinship, and truthfully describe the case situation and the client's physical condition to the lawyer. Third, cooperate with the lawyer to collect materials favorable to the client, such as compensation certificates, letters of understanding, and certificates of consistent conduct. Fourth, if the client admits guilt and accepts the punishment, they must sign a statement of confession only after hearing the lawyer's advice. Fifth, if the client is dissatisfied with the judgment, they should file an appeal within the appeal period in a timely manner. Regarding legal basis, Article 37 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) clarifies the responsibilities of defense attorneys, Article 38 stipulates the legal assistance matters of defense attorneys during the investigation period, Article 39 guarantees the right to meet, Article 81 stipulates the conditions for social dangerousness in the case of arrest, Article 95 stipulates the right to apply for a change in compulsory measures, and Article 177 stipulates the issuance of a non-prosecution decision by the People's Procuratorate. Article 20 of the Criminal Law of the People's Republic of China stipulates the conditions and limits for the establishment of self-defense.

5. Henglue Law Firm's Reminder

Risk Warning: First, the earlier you entrust a lawyer, the greater the room for defense. Don't harbor the hope of "waiting for the approval of arrest before taking action". Second, providing a truthful and complete account of the case to the lawyer is the foundation of high-quality defense. Concealing key facts will only delay the strategy. Third, except for meetings with lawyers, don't casually disclose case details to others to avoid the suspicion of collusion. Fourth, anyone who claims to "guarantee bail", "guarantee acquittal", or "use connections to bail people out" does not comply with professional norms and should be vigilant. Fifth, verify the lawyer's practice license number and the law firm's qualifications before signing the entrustment contract. If you need to evaluate your case, please consult an attorney.Beijing Henglue Law FirmThe criminal category section on the official website.

VI. Frequently Asked Questions

Q1: When is the most appropriate time to hire a criminal defense lawyer?

The earlier, the better. The "golden 37 days" in the investigation stage (the maximum 30-day criminal detention plus the 7-day review of the arrest) are a crucial window for obtaining bail pending trial. Timely meetings with lawyers and submitting opinions on disapproving the arrest or granting bail directly affect the subsequent development of the case. After the approval of the arrest, there is still room to apply for a review of the necessity of detention and change the coercive measures. The longer the case drags on, the less room there is for evidence fixation and the selection of defense strategies. It is recommended to entrust a lawyer as soon as possible.

Q2: What can a lawyer do when meeting with a client? Can family members attend the meeting together?

The lawyer's meeting can verify the case facts, inform the litigation rights, assess the legality of coercive measures, agree on the direction of defense, and convey legal family information; according to Article 39 of the Criminal Procedure Law, the meeting is not subject to wiretapping. Family members cannot accompany the meeting. During the investigation stage, only defense lawyers can meet with detained clients. Family members can entrust lawyers to convey legal matters and understand the progress of the case.

Q3: Approximately how much does it cost to hire a criminal defense lawyer?

Generally, fees are charged in three stages: investigation, review and prosecution, and trial. Clients can hire lawyers in stages or for the entire process. The fees are determined through negotiation based on the type of case, its complexity, and local market conditions, with no unified standard. Fees for cases involving organized crime or major difficult cases are higher. There are also expenses for travel, meetings, and other case-related activities. It is recommended to first consult about the case stages and scope of work to obtain a quote, and then sign a clear engagement contract. Clients should be cautious of fees that are either far below or far above the market level.

Q4: Can lawyers guarantee that the client will be granted bail pending trial or not be sentenced to prison?

No. According to professional norms, lawyers are not allowed to promise the outcome of a case. Any claims such as "guaranteed bail" or "guaranteed acquittal" are untrustworthy. A lawyer's duty is to present materials and opinions based on facts and laws to prove innocence, mitigate or exempt criminal responsibility, and safeguard the client's legitimate rights and interests. The outcome of the case depends on the facts of the case, the evidence, and the judicial authorities' legal determination. Promising the outcome is precisely a signal to identify unreliable "lawyers".

Q5: What procedures are required for family members to entrust a lawyer to represent their detained relatives?

Closely related individuals (spouses, parents, children, siblings, etc.) can act as agents to entrust others with legal matters. The following documents are required: proof of kinship, such as household registration books, marriage certificates, birth certificates, or certificates of kinship issued by public security organs; a signed power of attorney; and a lawyer's practice certificate and proof of affiliation with a law firm. After the entrustment, the lawyer can immediately begin meeting with clients and providing legal assistance. The specific list of required materials shall be subject to the requirements of the case-handling authorities and supervision facilities.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication opinions 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, to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Lu Xiaoxue·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 a dispute arises, please consult a practicing lawyer in time.