[Direct answer]In the Beijing area, the first-instance trial of criminal cases generally proceeds in the order of "court investigation - court debate - defendant's final statement - deliberation and sentencing". According to Article 191 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), after the public prosecutor reads the indictment in court, the defendant and the victim may make statements on the alleged crime, and the public prosecutor may question the defendant. The victim and the defense attorney, with the permission of the presiding judge, may ask questions to the defendant; then the prosecution and the defense shall present evidence, cross-examine each other, and engage in debate in turn. The defendant enjoys the right to make a final statement. After the deliberation by the collegial panel, the court shall make a judgment according to law (Article 200); the public prosecution case shall be sentenced within two months after acceptance, and not later than three months (Article 208). It is recommended that the defendant make truthful statements and cooperate with the court trial, and the defense attorney shall submit evidence and defense opinions in a timely manner, and, if necessary, apply for witnesses and appraisers to appear in court.

1. Problem background and typical scenarios

After the criminal case is transferred to the court, many families and defendants are unfamiliar with the trial process and are prone to miss the opportunity to express themselves due to nervousness or misunderstandings. Typical scenarios include: defendants who have made multiple statements during the investigation stage not knowing how to present their case in court; victims' families who want to attend the trial and submit their opinions but are unaware of the rules; whether the defense attorney's request for witnesses and appraisers to appear in court will be approved; defendants who do not clearly understand the legal consequences of pleading guilty and accepting the punishment; and how to claim for incidental civil compensation during the trial. Understanding the process in advance can help defendants effectively exercise their right to make statements and defend themselves, and avoid being passive due to unfamiliarity with the procedures. For related procedural issues, please consultCriminal defense and legal services for criminal case filingTeam.

II. Key points of contention

The disputes in court trials usually revolve around facts and evidence. Firstly, whether the allegations are true: whether the defendant's defense of the nature of the act and subjective intent is consistent with the evidence in the case. Secondly, the admissibility and probative force of evidence: whether there are contradictions in the verbal evidence, whether the appraisal opinions are standard, and whether to apply for the exclusion of illegal evidence. Thirdly, sentencing circumstances: whether the defendant's voluntary surrender, confession, return of illicit gains, and acceptance of the plea bargain are established, which directly affect the level of punishment. Fourthly, procedural rights: whether the right to request recusal, request witnesses to appear in court, and the right to make a final statement are guaranteed. In the judicial practice of Beijing, the court will focus on reviewing the voluntariness and authenticity of the plea bargain cases, and for cases with disputed factual evidence, the court will organize the presentation and cross-examination of evidence around the disputed points.

III. Professional analysis by Henglue Law Firm

A case of illegal land occupation and investigation demonstrates the complete chain of criminal procedures from case filing and investigation to trial: In May 2024, Liu ** illegally occupied about 20 mu of land in a village for earth excavation without approval, damaging the cultivation conditions of arable land; In December 2025, Jing Weiyi, a lawyer, on behalf of the villagers, mailed the "Application for Investigation of Illegal Land Occupation" to the County Natural Resources Bureau via EMS, requesting the bureau to file a case for investigation and pursue legal responsibilities; On April 7, 2026, the Natural Resources Bureau determined that Liu ** violated Articles 37 and 75 of the Land Management Law and damaged the cultivation conditions of arable land, and filed a case and transferred it to the public security organ according to law; The public security organ subsequently investigated Liu ** on suspicion of illegally occupying farmland, and Liu ** was subject to criminal compulsory measures. This case shows that criminal cases must go through investigation and review of prosecution before entering the first-instance trial, and fixing evidence and grasping the nature of the crime in the pre-trial stage are the basis of the defense and attack in the trial. After the case enters the trial stage, the evidence presentation, cross-examination and defense opinions in the trial will revolve around the investigation file, so it is crucial to review the file in advance and simulate the trial response. This case is handled by Beijing Henglu Law Firm.I respect and admire you, YiyiThe attorney (practice certificate number: 1110120251097379, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The core basis is Article 191 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) (Order of Court Investigation), Article 200 (Deliberation and Adjudication by the Collegial Panel), and Article 208 (Trial Period: The verdict shall be pronounced within two months after acceptance, and not later than three months). Practical suggestions: Communicate fully with the defense lawyer before the trial to sort out the case facts and defense points; confirm the parts with no objection to the facts truthfully, and explain the reasons for any objections; answer questions after hearing them clearly during the trial; if there are doubts about the appraisal opinions and witness testimonies, apply for a re-appraisal through the defense lawyer or notify the witnesses to appear in court; prepare bills and evidence for the accompanying civil part. For cross-cutting issues involving criminal and civil litigation arising from land expropriation and land occupation, they can be connected together.Legal services for land expropriation and demolition, and administrative litigationHandle them together.

5. Henglue Law Firm's Reminder

The first-instance trial is a crucial opportunity for defendants to exercise their right to defense, so they must not give up the right to make statements and defenses. Before the trial, check the transcript of the statement with the lawyer to confirm which parts they agree with and which parts they request to be excluded. During the trial, answer truthfully. For facts that they cannot remember clearly, they can explain them without speculating or catering to the court. Prepare evidence in advance for sentencing circumstances (such as voluntary surrender, confession, returning the illicit proceeds, and reaching a settlement with the victim). Victims' families should file a concurrent civil action or submit opinions under the guidance of defense lawyers to avoid emotional expressions. If they are not satisfied with the judgment, they can appeal within the statutory time limit (10 days for a judgment and 5 days for a ruling). For complex cases, they can seek legal assistance.Special services and legal services for other casesOrganize a defense plan.

VI. Frequently Asked Questions

Q1: After the first-instance trial of a criminal case, will the defendant definitely be sentenced to imprisonment?

Not necessarily. The court makes rulings based on the established facts, evidence, and relevant legal provisions: if the facts of the case are clear and the evidence is indeed sufficient, a guilty verdict is rendered; if the facts are unclear and the evidence is insufficient, a not-guilty verdict is issued due to insufficient evidence and the charge of the crime cannot be established; if the circumstances are significantly minor or the statute of limitations has passed, appropriate handling will be carried out according to law. During the trial, the defense's challenges to the evidence, applications for the exclusion of illegal evidence, and arguments for acquittal or a lighter sentence may all affect the outcome of the ruling. Therefore, the court session does not necessarily lead to a conviction. The key lies in whether the prosecution evidence meets the standard of clear facts and sufficient evidence, and whether the defense arguments can shake the evidence system in the case.

Q2: Before the criminal trial, what materials do family members and defendants need to prepare?

The core materials of the defendant's side include: the defendant's statement and defense outline, the cross-examination opinions compiled by the defense lawyer, evidence of innocence or alibi, certificates of returning illicit gains and making compensation, and medical records and diagnosis certificates (if related to criminal responsibility capacity or physical condition). Family members can prepare: proof of kinship; the victim's side can prepare medical bills, funeral bills, and proof of the relationship between the dependent and so on as ancillary civil evidence. All materials shall be submitted after being reviewed by the defense lawyer to avoid self-evidence collection that may damage the effectiveness of the evidence. For compensation negotiations, the lawyer shall communicate with the other party and confirm the content of the settlement in writing.

Q3: What is the average fee charged by criminal defense lawyers?

The attorney's fees are determined through negotiation between the law firm and the client, and there is no unified standard. Common methods include charging fees by stages (investigation, review of prosecution, and trial are charged separately) or offering a fixed-fee package for the entire process. The specific amount is related to the stage of the case, its complexity, and the attorney's qualifications, all of which must be written into the power of attorney contract stamped with the law firm's official seal. It's important to note that criminal litigation cases are prohibited by law from employing contingency fee arrangements. Any fees charged based on the outcome are considered illegal. Fees should be paid directly to the law firm's account and receipts should be requested. It's recommended to require the law firm to explain the content of each stage of work and the fee structure before signing the contract, to avoid being charged additional fees after accepting the case at a low price.

Q4: How long does it take from the start of the first-instance trial to the issuance of the verdict, and how long does it take for the verdict to take effect?

Public prosecution cases shall be sentenced within two months after acceptance, and no later than three months; where the defendant may be sentenced to death, accompanied by civil litigation, or under specific circumstances, the time limit may be extended for three months with approval. The trial period of summary procedure and rapid trial procedure is shorter. Where the judgment is pronounced in court, the judgment shall be delivered within five days; where the judgment is pronounced regularly, it shall be delivered immediately after the pronouncement. After the judgment is delivered, if the defendant does not file an appeal within ten days or the people's procuratorate does not file a counter-appeal, the judgment shall take legal effect; if an appeal or counter-appeal is filed, the case shall proceed to the second-instance procedure. The actual time period is also affected by the complexity of the case and the supplementary investigation. It is recommended to keep in communication with the defense lawyer and pay attention to the time limits of each node.

Q5: On the day of the trial, what exactly should the defendant and their family do?

The defendant should communicate with the lawyer in advance about the court trial process, dress neatly, and arrive at court on time. After entering the courtroom, they should abide by the rules, listen carefully to the questions from the presiding judge and the public prosecutor before answering, provide truthful statements and check the transcripts before signing them; explain the true circumstances of unfavorable statements or unclear memories; and briefly express remorse, mitigating circumstances, or defenses during the final statement phase. Family members should understand the progress through the defense lawyer, not contact witnesses privately, not transmit case information, and avoid being suspected of interfering with the testimony. Those who wish to attend the trial should apply in accordance with court rules with valid documents. Victims' families can file ancillary civil suits and provide evidence with the help of lawyers. After the trial, they should pay attention to signing and receiving legal documents and discuss with lawyers whether to appeal.

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 Henglu Law Firm for specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with evidence materials, to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Jing Weiyi·Beijing Henglue 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. In case of disputes, please consult a practicing lawyer in time.