[Direct answer]In the Beijing area, criminal defense is usually divided into three stages: investigation, review and prosecution, and trial. During the investigation stage, lawyers can meet with detained clients, apply for bail pending trial, and provide legal opinions. During the review and prosecution stage, they can review case materials, put forward defense opinions, and apply for a review of the necessity of detention when necessary. During the trial stage, they can present evidence and cross-examine witnesses in court and deliver defense speeches. According to Articles 34, 40, and 95 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), suspects have the right to appoint defense attorneys from the day they are first interrogated or subjected to compulsory measures by the investigative organ. The earlier a lawyer is appointed after a family member is detained, the greater the room for negotiation. For more details on defense services at each stage, please refer to the following link:Criminal defense and legal services for criminal case filing.

I. Problem background and typical scenarios

After a family member is taken away by the public security organ, the most common state of the family members is panic and information asymmetry: where the person is detained, what charges are suspected, what stage the case has reached, and what the lawyer can do at each stage are often unclear. Some family members think they should wait until the trial to hire a lawyer, thereby missing the bail window in the investigation stage; some believe that "having connections can get people out of trouble", but they can't buy procedural rights with money; and some think that bail pending trial means the case is over, and they neglect the follow-up procedures. In fact, at each stage of the criminal litigation process, lawyers have corresponding tasks. Understanding the stage division is a prerequisite for effective cooperation with lawyers. For related services, please visitBeijing Henglu Law FirmPlease check the criminal defense page for more information.

II. Key points of contention

Regarding the defense stage, the disputes in practice focus on four points. Firstly, the timing of intervention: If a lawyer is hired in the investigation stage, he/she can meet with the client and strive for bail at the earliest opportunity; if the lawyer intervenes in the review and prosecution stage, the focus shifts to reviewing the case file and defending against evidence; if the lawyer only intervenes in the trial stage, the scope for defense in court has already been greatly limited. Secondly, who to submit the application to: Applications for bail during the investigation stage should be submitted to the public security organ, while in the review and prosecution stage and the trial stage, they should be submitted to the people's procuratorate and the people's court respectively; after arrest, the review of the necessity of detention should be submitted to the people's procuratorate in accordance with the law. Thirdly, the evaluation of the effectiveness of defense: bail does not equal innocence. Changing the coercive measures is just a procedural result, and continued defense is still needed in subsequent procedures. Fourthly, the time limits for stage connection: there are statutory time limits for detention, reporting for arrest, transferring the case for prosecution, and first-instance trial. Missing these deadlines often means missing corresponding opportunities.

III. Professional analysis by Henglue Lawyers

A case of intentional injury handled by Attorney Lu Xiaoxue fully demonstrated the lawyer's continuous work in the investigation and review and prosecution stages. On July 13, 2024, A * was criminally detained by the Daxing Branch of the Beijing Municipal Public Security Bureau on suspicion of intentional injury. On July 26, he was lawfully approved for arrest and detained in the Daxing District Detention Center. After the family entrusted Attorney Lu Xiaoxue to act as the defense attorney, the lawyer met with the client multiple times, maintained good communication with the investigating and prosecuting authorities, and applied for bail pending trial to the investigating authorities. After the public security organ refused to change the coercive measures, the lawyer lawfully applied to the prosecuting authority for a review of the necessity of detention, arguing based on the client's admission of guilt and repentance, obtaining the victim's forgiveness, being a first-time or occasional offender, and posing no social danger. A * voluntarily admitted guilt and repentance, reached an agreement with the victim, and gave a truthful statement. The case was triggered by a trivial dispute, with low subjective malice and being a sudden and occasional incident. There were no circumstances such as committing new crimes, destroying evidence, interfering with testimony, colluding with others, or escaping. After review, the prosecuting authority concluded that there was no necessity to continue detaining A *, and decided to change the coercive measures to bail pending trial. From criminal detention to approval for arrest, and then to release after approval for arrest, the lawyer's meetings, communications, and applications at each stage constituted a complete phased defense. This case was handled by Beijing Henglu Law Firm.Lu XiaoxueThe attorney (practice license number: 11101202311685747, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 34 (Time for appointing a defense attorney), Article 38 (Legal assistance from defense attorneys during the investigation period), Article 40 (Defense attorneys' right to review case files), Article 67 (Conditions for bail pending trial), and Article 95 (Review of the necessity of detention after arrest) of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018). Action list: 1. After being detained, immediately appoint a lawyer to enable the lawyer to meet with you as soon as possible, verify the case facts, and apply for bail. 2. After the case is transferred for review and prosecution, cooperate with the lawyer to review the case files and verify the legality of evidence collection and procedures. 3. After the case is approved for detention, do not give up and still strive to change the coercive measures through a review of the necessity of detention. 4. During the trial stage, pay attention to the court hearing and cooperate with the lawyer in preparing for questioning, cross-examination, and final statements. 5. During the bail pending trial period, comply with the regulations and cooperate with subsequent procedures on time. For details of defense matters at each stage, please refer to the following link:Criminal defense and legal services for criminal case filing.

5. Henglu Law Firm's Reminder

The phased nature of criminal defense determines the value differences of intervention timing: there is the most work to be done in the investigation stage, the review and prosecution stage focuses on evidence and procedural defense, and the trial stage focuses on courtroom litigation. There are still options after the approval of arrest, but the difficulty obviously increases, which is why the "Golden 37 Days" are repeatedly emphasized. When handling similar cases in the Beijing area, it is recommended that family members hire a lawyer as soon as possible after learning that their relatives have been subject to compulsory measuresBeijing Henglue Law FirmProfessional lawyers make full use of the statutory rights at each stage to avoid missing opportunities due to delays.

VI. Frequently Asked Questions

Q1: If you hire a lawyer at every stage, are you guaranteed to be acquitted in the end?

This interpretation is incorrect. The goal of defense is to present materials and arguments based on facts and laws to prove that the criminal suspect or defendant is innocent, has committed a minor crime, or should have his criminal responsibility mitigated or exempted, with the final conclusion being made by the judicial authorities based on all the evidence in the case. In cases where there is insufficient evidence or the circumstances are minor, there is a possibility of not approving the arrest, not prosecuting, withdrawing the case, or imposing a light punishment; in cases where the facts are clear and the evidence is conclusive, the focus of defense shifts to sentencing circumstances and procedural rights. At any stage and with any lawyer, it is impossible to guarantee the outcome unilaterally. Families should stay away from promises of "guaranteed victory" or "guaranteed release", and instead focus on evidence and legal application.

Q2: What materials and procedures are required to appoint a defense attorney?

The core materials and procedures include: the family members' identity documents; materials that can prove the family relationship with the client, such as household registration books, marriage certificates, or certificates of family relationship issued by public security organs; power of attorney contracts and authorization letters signed by close relatives such as spouses, parents, and adult children; and known case information, such as the suspected crime, the detention center, and the handling authority. If the client meets the conditions of financial hardship, they can apply for legal aid according to law. After the appointment, the lawyer can meet with the client by presenting his/her practicing certificate, the law firm's certificate, and the power of attorney. The family members do not need to provide the case files, but they should truthfully inform the lawyer of any clues they know about the case.

Q3: If all three stages are outsourced, how is the cost structured?

Criminal defense fees are usually calculated by stages. Investigation, review of prosecution, and trial can be entrusted separately, or all stages can be entrusted at once. Entrusting all stages at once is generally more economical than accumulating fees by stages. The fees are set in accordance with the government-guided price and the market-regulated price. Within the range of the government-guided price, the law firm and the client shall determine the fees through consultation, and the amount of the fees will be influenced by the difficulty of the case, the workload, and the lawyer's qualifications. Criminal litigation cases are not allowed to implement risk-based fee charging according to law. Before signing the contract, the parties should confirm the scope of the stages, the content of the work, and the refund rules, and request an invoice.

Q4: How long does it take to complete the three stages of a criminal case?

The duration of each stage varies depending on the case. During the investigation stage, the maximum period for applying for approval to arrest a criminal suspect after detention is 37 days. The investigation detention period after arrest generally does not exceed two months, and it can be extended according to law if the case is complex. During the review and prosecution stage, a decision is generally made within one month, and it can be extended for major and complex cases. During the trial stage, the first-instance ordinary procedure generally issues a verdict within two months and no later than three months, and it can be extended under special circumstances. Simple cases can be completed within a few months, while major and complex cases may span over a year. For applications for bail or necessity reviews of detention during each stage, the review itself also requires time.

Q5: My relative has just been detained by the police. What should family members do first?

There are four steps to proceed: First, verify the detention information and confirm the detention facility, the suspected crime, and the handling authority through the detention notice; Second, entrust a lawyer as soon as possible, let the lawyer attend the meeting with the necessary documents to understand the case and apply for bail pending trial; Third, maintain communication with the lawyer, provide the clues known to him/her truthfully, do not contact the co-defendants on his/her own, and do not inquire about "connections"; Fourth, make long-term preparations. The criminal case process is long, and we should cooperate with the lawyer at each stage and not repeatedly change lawyers just because there is no result at the moment.

The above answer is based on the judicial practice in Beijing. The adjudicative guidelines in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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 Shang Jiangpeng·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. In case of disputes, please consult a practicing lawyer in time.