[Direct answer]In the Beijing area, there is no unified standard for the fees charged by lawyers for criminal appeals. The fees are determined through negotiation between law firms and clients based on the complexity of the case, the level of the court, and the workload. Common charging methods include charging by stages (first instance, second instance, and retrial) or charging by the hour. The specific fees are subject to the contract between the client and the lawyer. It should be noted that risk-based representation is not allowed in criminal litigation according to law. According to Articles 227 and 230 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), defendants who are not satisfied with the first-instance judgment may appeal within ten days. Hiring a lawyer can help sort out the grounds for appeal and evidence. It is recommended to first understand the fee details before deciding whether to hire a lawyer. For more details, please refer to the following link:Criminal defense and criminal case filing services.

I. Problem background and typical scenarios

After the first-instance verdict is announced, the defendant or the victim's family often face a dilemma: if the sentence is too harsh, they want to appeal, but they worry that hiring a lawyer will be too expensive; or if they disagree with the verdict, they don't know how to write an appeal brief. Typical scenarios include: the defendant disagrees with the sentencing and wants to appeal on the grounds of unclear facts, insufficient evidence, or errors in the application of the law; the victim's side is dissatisfied with the incidental civil compensation and is concerned about whether the second-instance court will increase the compensation; and those who are financially struggling are torn about whether it's worth spending the money on an appeal. At this time, it's more meaningful to clarify the cost structure and the value of the appeal than to wait and see blindly. For cases involving the enforcement of civil compensation, it can be combined withCreditor-debtor relations and enforcement case servicesEvaluation.

II. Key points of contention

The focus of the dispute lies in three aspects. Firstly, the determination of fees: whether the second instance and the retrial are charged separately, and whether the travel and document review costs are counted separately, which need to be clearly specified in writing before entrusting the attorney. Secondly, the necessity of appeal: whether there are truly statutory grounds for appeal rather than mere emotional appeals, which determine the input and output ratio. Thirdly, the boundaries of the lawyer's role: lawyers can sort out legal and evidentiary flaws, draft appeals, and defend in court, but cannot promise a change in the judgment result. The second-instance procedures in Beijing are relatively strict in reviewing facts and laws, and professional intervention can improve the quality of reasoning. For cases involving corporate crimes, reference can be made to relevant provisions.Business and contract dispute services for enterprises.

III. Professional analysis by Hengluo Lawyers

Taking the criminal incidental civil action case of intentional homicide handled by our firm as an example: On June 16, 2024, the defendant, Zhang Daqiang, drove a car at high speed and crashed into a laboratory, causing Zhao Gang to die on the spot and two others to be injured. The wife of the victim, Zhao Gang, entrusted Liu Liqiang, a lawyer from Beijing Henglu Law Firm, to represent her in the incidental civil action. The focus of the dispute was whether the act of driving a car and causing death should be classified as intentional homicide or endangering public safety by dangerous methods, and whether the defendant's surrender constituted a valid confession. The prosecution brought charges of intentional homicide; the plaintiffs in the incidental civil action claimed compensation for death and funeral expenses, etc. Liu Liqiang lawyer thoroughly reviewed the case file, refuted the defendant's defense of subjective intent, surrender, and the classification of the crime, and argued for the conviction of intentional homicide and severe punishment according to Article 232 of the Criminal Law of the People's Republic of China. The court adopted the lawyer's opinion, sentenced Zhang Daqiang to death for intentional homicide, and supported the compensation requests in the incidental civil action. This case was handled by Beijing Henglu Law Firm.Liu LiqiangThe attorney (practice license number: 11101200910454358, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The core basis is Article 227 (right of appeal), Article 230 (ten-day appeal period), and Article 233 (comprehensive review in the second instance) of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), as well as the relevant provisions of the Criminal Law of the People's Republic of China (amended on December 26, 2020 and implemented on March 1, 2021). Practical suggestions: First, study the first-instance judgment to identify the legal and factual grounds for appeal; understand the law firm's fee calculation method by stage and whether it includes the second instance; simultaneously assess the possibility of enforcement for the accompanying civil part; and decide whether to entrust and initiate the procedure within the ten-day appeal period. For cases involving property disposal, it can be combined with other relevant factors.Special services and other case servicesCoordinate and plan things in an organized and efficient way to achieve the best results.

5. Henglu Law Firm's Reminder

An appeal is not about paying money to secure a retrial, but rather about using professional expertise to clarify the legal and evidentiary issues that were overlooked in the first-instance trial. When selecting a lawyer, it is advisable to verify their professional qualifications and criminal appeal experience, clarify the fee structure and refund terms, and reject guarantees of a retrial. At the same time, it is important to note that the ten-day appeal period cannot be delayed, as failure to do so will result in the loss of rights. Those who are financially struggling can explore legal aid options. To assess the potential for an appeal, they may wish to seek assistance from legal professionals or organizations specializing in criminal defense.Criminal defense and criminal case filing servicesMake an appointment for a consultation.

VI. Frequently Asked Questions

Q1: If I hire a lawyer for a criminal appeal, do I have a good chance of winning, and can the verdict be overturned?

A lawyer cannot promise to overturn the original verdict, but they can significantly improve the quality of the appeal. The second-instance court conducts a comprehensive review based on the facts and the law. If there are unclear facts, insufficient evidence, errors in the application of the law, or manifestly inappropriate sentencing, the verdict may be overturned or the case may be remanded for rehearing in accordance with the law. Whether the verdict is overturned depends on the defects of the case file itself and the strength of the arguments, rather than the lawyer's unilateral guarantee. Zheng Law Firm will objectively assess the potential for appeal, rather than exaggerating the chances of success.

Q2: If I hire an appeal lawyer, what materials do I need to prepare?

The core materials include: the first-instance judgment, the draft appeal brief or the statement of appeal intention; the evidence clues and objections that you have mastered in all the case files; identity proof and entrustment procedures; if it is an accompanying civil action, prepare the relevant bills of compensation and the basis for calculation. The more complete the materials are, the more accurately the lawyer can identify the grounds for appeal and avoid missing key legal issues.

Q3: How much does it generally cost to hire a lawyer for a criminal appeal?

There are no unified charging standards for legal services. Law firms negotiate fees with clients, and common charging methods include charging by stages (second instance, retrial) or charging by the hour, which are specifically stipulated in the contract. In criminal litigation, risk-based fees are prohibited by law. It is recommended to first understand whether the fees include reviewing case files, attending court hearings, and travel expenses, and then weigh the cost against the potential benefits based on the complexity of the case to avoid accepting cases at low fees and then raising prices during the process.

Q4: How long does it usually take from the appeal to the issuance of the result of the second instance?

If the defendant appeals, the second-instance trial should generally be concluded within two months. Cases that may result in the death penalty or involve accompanying civil litigation may be extended. Overall, from the submission of the appeal brief to the second-instance judgment, it usually takes several weeks to several months, depending on the transfer of case files, review of case files, and scheduling of court hearings. The law firm will provide feedback to you at key stages, but it is impossible to shorten the statutory trial period. It is recommended to initiate the process in a timely manner within ten days.

Q5: I want to appeal. What should I do first?

It is recommended to proceed in four steps: Firstly, decide whether to appeal within ten days after receiving the judgment, and never exceed the time limit; Secondly, study the judgment and list the points of disagreement in fact and law; Thirdly, choose a lawyer with criminal appeal experience, clarify the fee stage and sign a power of attorney contract; Fourthly, cooperate with the lawyer to draft the appeal statement, organize the evidence, submit it on time, and follow up on the acceptance and court hearing arrangements of the second-instance court.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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