[Direct answer]In the Beijing area, under the criminal justice policy of "less arrests, cautious prosecution, and prudent detention", criminal defense lawyers have more opportunities to get involved than before. According to Article 95 of the Criminal Procedure Law of the People's Republic of China, after a criminal suspect or defendant is arrested, the people's procuratorate shall still review the necessity of detention and recommend release or change of compulsory measures for those who do not need to be detained any longer. Defense lawyers can apply for bail pending trial or review the necessity of detention at the stages of investigation, review of arrest, and review of prosecution, based on reasons such as admitting guilt and showing remorse, obtaining the victim's forgiveness, being a first-time or occasional offender, and having no social danger. For cases meeting the conditions of self-defense or involving minor circumstances, defense lawyers can strive for non-prosecution. The key period is the "golden 37 days" rescue period, but there is still room for change even after the approval of arrest. It is recommended to entrust a lawyer to meet and communicate as soon as possible. For more details, please refer to the following link:Criminal defense and legal services for criminal case filing.

I. Problem background and typical scenarios

It has been established that "few arrests, cautious prosecution, and prudent detention" are an important criminal justice policy, which directly affects the handling of arrests, detention, and prosecution by case-handling organs. Typical scenarios include: when a family member is detained criminally, the family is eager to fight against the approval of arrest within 37 days; after the arrest has been approved, the detainee may hope to change the compulsory measures due to physical illness or reaching a settlement; and after the case is transferred for review and prosecution, the lawyer may strive for non-prosecution on the grounds of self-defense or minor circumstances. In practice, many clients mistakenly believe that "once the arrest is approved, it's all over" or "non-prosecution is impossible", missing the window for professional defense. In fact, the policy orientation is precisely to leave channels for non-detention and lenient handling of such cases. The professional intervention of criminal lawyers can translate the policy benefits into concrete results. Relevant disputes over personal rights and interests can be resolved in combination withPersonal injury and medical dispute servicesCoordinated assessment.

II. Key points of contention

The focus of the debate on defense opportunities centers on three points. Firstly, whether there is a social danger: whether there is a possibility of new crimes, destruction of evidence, interference with testimony, or escape, which is the core of the review of the necessity of arrest and detention, and also the main direction of lawyers' evidence presentation. Secondly, the identification of mitigating circumstances: first-time offenders, confession and plea bargaining, restitution and understanding, and the victim's fault, etc., can reduce the necessity of detention and prosecution. Thirdly, the qualification and application of law: whether the behavior constitutes self-defense, or whether it belongs to a situation with significantly minor harm and little danger, which directly affects whether it can be indicted or not. Around these disputes, lawyers need to continuously create and fix favorable facts within the golden rescue period. For cases involving property restitution, reference can be made toCreditor-debtor relations and enforcement case servicesPromote understanding and compensation for losses.

III. Professional analysis by Hengluo Lawyers

Take the intentional injury case handled by our firm as an example. Party A was detained on criminal charges on July 13, 2024, and was approved for arrest on July 26. He was detained in the Daxing District Detention Center in Beijing. Under extremely difficult circumstances, where the application for a change of detention measures was made far beyond the "Golden 37-Day" rescue period and during the detention period after approval for arrest, the handling lawyer promptly met with the client, maintained good communication with the case-handling organ and the procuratorate, and applied for a review of the necessity of detention based on the client's admission of guilt and repentance, the victim Sun Xuefeng's forgiveness, the client's first-time offender status, and the lack of social danger. In the end, the procuratorate determined that there was no necessity to continue detention, and the coercive measures were changed to bail pending trial, allowing the client to regain his freedom. This case shows that even if the best rescue period is missed, there is still substantial room for applying the review system of the necessity of detention. This case was handled by Beijing Henglu Law Firm.Lu XiaoxueAttorney (practice license number: 11101202311685747, subject to the certificate issued by the judicial administrative organ). Under the policy of "less arrests and cautious prosecutions", defense attorneys can also translate the experience of bail for the crime of provoking trouble and non-prosecution for self-defense in similar cases into systematic defense strategies, maximizing the client's rights and interests. Related special services can be connected to each other.Special services and other case services.

IV. Practical suggestions and legal basis

The core legal basis is Article 67 (Conditions for Bail Pending Trial), Article 81 (Conditions for Arrest and Circumstances of Social Dangerousness), and Article 95 (Review of the Necessity of Detention) of the Criminal Procedure Law of the People's Republic of China (adopted on July 1, 1979 and amended for the third time on October 26, 2018); as well as the procedural provisions on the review of the necessity of detention in the Rules of Criminal Procedure for People's Procuratorates. Practical suggestions: After detention, immediately appoint a lawyer to meet with the detainee and submit legal opinions against the approval of arrest during the review stage; after approval of arrest, continuously collect evidence materials such as confession of guilt, apology, physical illness, fixed residence, etc., and apply for a review of the necessity of detention in a timely manner; during the review of prosecution, focus on the disputes over the nature of the crime and the mitigating circumstances to strive for non-prosecution. For cases involving procedural linkage, relevant materials can be combined accordingly.Criminal defense and legal services for criminal case filingDevelop a comprehensive plan for all stages.

5. Henglu Law Firm's Advice

The principle of "arresting sparingly and prosecuting cautiously" does not mean "not arresting or prosecuting at all", but rather requires law enforcement agencies to strictly review the necessity of arrest and detention, as well as the necessity of prosecution. Parties and their families should avoid two misconceptions: first, believing that there is no chance after the approval of arrest and passively waiting; second, believing the promise that "connections can secure release". The correct approach is to hire a professional lawyer as soon as possible, systematically create and fix mitigating facts within the legal timeframe, and apply for bail, review the necessity of detention, or request non-prosecution in accordance with the law. Never miss the opportunity for appeal and communication, and do not interfere with the case handling in an irregular manner. If you encounter specific cases, it is recommended to consult with relevant materials to avoid missing the statutory time limits.

VI. Frequently Asked Questions

Q1: Under the lenient prosecution policy, do criminal defense lawyers have a high chance of successfully obtaining bail or securing a non-prosecution decision?

The chances of winning a case do not depend on a promise, but on evidence and policy understanding. If the defendant is a first-time offender, voluntarily admits guilt, obtains the victim's forgiveness, poses no social danger, or the act itself constitutes self-defense with minor circumstances, the chances of avoiding arrest, changing coercive measures, or obtaining a non-prosecution decision under the guidance of the "less arrest and cautious prosecution" principle will significantly increase. However, each case has different facts, so lawyers will first conduct a feasibility assessment rather than make empty promises. The key is to intervene as early as possible, continuously provide evidence during the crucial 37-day period and after the arrest, and translate policy requirements into specific favorable facts in the case. It's important to avoid believing in unrealistic guarantees of guaranteed victory.

Q2: If a family member wants to secure bail pending trial or avoid prosecution, what materials do they need to prepare?

The core materials include: a detention or arrest notice (confirming the time and the case-handling organ), a certificate of the suspect's lack of a criminal record or a performance certificate, a receipt of compensation and a letter of understanding from the victim (if any), a medical certificate of the suspect's physical condition (if he/she needs treatment due to illness), a certificate of fixed residence in Beijing or a guarantor's certificate, as well as written materials that can prove that the suspect is a first-time or occasional offender, surrendered voluntarily, confessed his/her guilt, and accepted the punishment. The organization of evidence should focus on three points: "no social danger, mitigating circumstances, and the need for a change". The more comprehensive the materials are, the more convincing the review of the necessity of detention and the argument for non-prosecution will be. It is recommended that lawyers guide the system to organize these materials.

Q3: Approximately how much does it cost to hire a criminal defense lawyer to get involved in the case?

Lawyers' fees are usually calculated based on the stages of the case (investigation, review and prosecution, first instance, second instance) or negotiated according to the subject matter and workload. The specific amount is specified in the entrustment contract by the law firm and the client in accordance with the "Measures for the Administration of Lawyers' Service Fees", and there is no nationwide standard pricing. Criminal litigation prohibits contingency fees, and one should be vigilant against illegal promotions of "pay after winning". It is recommended to clarify the fees for each stage, whether they include travel and third-party expenses, and the conditions for refunds during the interview with the law firm. It is also necessary to require the law firm to issue a unified stamp for fees to avoid private transfers of money and ensure that the money is spent on key defense stages.

Q4: How long does it usually take from hiring a lawyer to obtaining bail or reaching a conclusion?

The timing depends on the stage of the case. In the review and approval of arrest stage, the response period is generally 7 days, which is the golden window to strive for not approving the arrest; after the approval of arrest, there is no fixed time limit for the review of the necessity of detention, and continuous communication is needed according to the progress of the case, which may take several weeks to several months; the decision of non-prosecution in the review and prosecution stage is made within the statutory time limit. Overall, the earlier the case is entrusted, the more sufficient the evidence is, and the faster the communication will be effective. It should be noted that bail pending trial does not mean the end of the case. There may still be prosecution or trial in the future, so it is necessary to be prepared to deal with it throughout the whole process.

Q5: How should family members and lawyers cooperate to seize the opportunity of lenient prosecution and cautious litigation?

It is recommended to follow four steps: First, as soon as possible after detention, hire a lawyer to meet with the client to understand the case and the progress of the case, so as to avoid missing the window for approving arrest; Second, family members should actively cooperate in collecting mitigating materials such as no criminal record, understanding, restitution, medical condition, fixed residence, etc., and hand them over to the lawyer for evidence collection; Third, trust the lawyer to communicate in accordance with the law, not believe in "relationship operation", not interfere with witnesses or destroy evidence; Fourth, after the approval of arrest, continue to pay attention to the review of the necessity of detention and clues of non-prosecution, and keep the information in sync with the lawyer. Only by implementing policy opportunities into every piece of evidence and every legal communication can we maximize the possibility of non-detention and lenient handling.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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, 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 current effective laws and regulations and publicly available 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 you encounter disputes, please consult a practicing lawyer in time.