[Direct answer]In the Beijing area, "criminal lawyer" is a professional identity, referring to a practicing lawyer whose main business is criminal defense and criminal representation; "defender" is a statutory litigation role in criminal litigation, referring to a person who accepts the entrustment of a criminal suspect or defendant, or is appointed by the court to conduct their defense. According to Article 34 of the Criminal Procedure Law of the People's Republic of China (amended for the third time on October 26, 2018), a criminal suspect has the right to appoint a defender from the date of the first interrogation or the adoption of compulsory measures by the investigating organ, and during the investigation period, only lawyers can be appointed as defenders. Defenders are not limited to lawyers, but lawyers are the ones with the most complete rights and the most professional expertise. When choosing a defender for a detained relative, families should identify practicing lawyers and appoint them as soon as possible to avoid missing the golden period for bail. For more details, please refer to the following link:Criminal defense and criminal case filing services.

I. Problem background and typical scenarios

After a family member is detained by criminal police, relatives often feel confused about whether to hire a criminal lawyer or a defense attorney, fearing that choosing the wrong professional could delay crucial matters. Typical scenarios include: during the investigation stage, they just want to meet with the detainee to understand the situation but don't know which type of professional to hire; assuming that any relative can act as a defense attorney, only to miss the best opportunity for intervention; failing to distinguish the authority differences between lawyers, legal workers, and staff from legal consulting firms; and worrying about hiring too early and wasting money, only to engage professionals at the review and prosecution or even trial stages. In fact, the choice of professional directly determines the scope of rights: whether they can meet with the detainee, review case files, or conduct investigations and evidence collection. Making the right choice and acting early is the first legal challenge facing families.

II. Key points of contention

There are three points that are easily confused in practice. Firstly, the relationship between identity and role: a lawyer is a profession, while a defense attorney is a function. The two are not parallel options but an intersecting relationship—a lawyer can act as a defense attorney, and defense attorneys are often represented by lawyers. Secondly, the authority restrictions of non-lawyer defense attorneys: according to the Criminal Procedure Law, defense attorneys can meet with detained clients with their practice certificates, law firm certificates, and power of attorney as a rule. Non-lawyer defense attorneys need to obtain permission and have no right to intervene in the investigation stage. Their rights such as reviewing case files and conducting investigations and evidence collection are also the most complete among lawyer defense attorneys. Thirdly, the timing of entrustment: entrusting a lawyer as soon as possible after being detained in criminal custody can help secure bail pending trial within the golden 37-day period. For corporate-related crimes such as infringement of trade secrets and counterfeiting of registered trademarks, it may be necessary to combine these factors with other legal strategies to achieve the best results.Intellectual property protection and corporate legal servicesIt will be evaluated by the corresponding team in collaboration with others.

III. Professional analysis by Hengluo Law Firm

Taking the intentional homicide case handled by Hengluo Law Firm as an example, we can intuitively see the division of roles in criminal litigation. In this case, the procuratorial organ indicted the defendant for intentional homicide. The defendant's side was defended by a lawyer who argued for a light sentence, and successively raised defenses on subjective intent, voluntary surrender, the victim's fault, and the nature of the crime; while the victim's family entrusted a lawyer to participate in the criminal incidental civil action as a litigation agent, claiming damages such as death compensation and funeral expenses. After accepting the entrustment, Hengluo Law Firm carefully reviewed all the case files, focusing on details such as the language before the collision, accelerating despite being less than 5 meters from the door, and failing to take evasive action, and refuted the lawyer's defenses one by one. This led to the court sentencing the defendant to death for intentional homicide and supporting the family's compensation request. This division of roles shows that lawyers defend suspects and defendants to prove their innocence, light guilt, or mitigated or exempted punishment, while litigation agents stand on the side of the victim to claim rights. The two can be criminal lawyers, but their positions and functions are completely different. This case was handled by Beijing Hengluo 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 legal basis is Article 33 of the Criminal Procedure Law of the People's Republic of China (amended for the third time on October 26, 2018) (regarding the scope of persons who can serve as defense attorneys), Article 34 (stipulating that defense attorneys can only be appointed during the investigation period), and Article 39 (regarding the right of defense attorneys to meet and communicate with clients); Article 31 of the Lawyer Law of the People's Republic of China (amended on September 1, 2017) (stipulating the duty of defense attorneys to present materials and opinions on the defendant's innocence, light guilt, or mitigation or exemption from criminal responsibility). Practical suggestions: verify the lawyer's practice certificate and practice institution; confirm that they have long-term experience in handling similar cases; sign a written power of attorney contract stamped with the law firm's official seal, clarifying the stages of representation, authority, and fees; refuse promises of guaranteed victory and personal private payments; and appoint a lawyer as soon as possible after being detained in criminal custody to seize the golden 37-day period. For cases involving economic crimes and account review, relevant materials can be combined with other evidence to support the defense.Business and contract dispute services for enterprisesClarify it simultaneously.

5. Henglu Law Firm's Advice

When choosing a lawyer, professionalism and timing are equally important. During the investigation stage, only lawyers can be appointed. The earlier they get involved, the better their chances of securing bail or preventing arrest within the critical 37-day period. Three principles to avoid pitfalls include verifying qualifications, scrutinizing contracts, and refusing unrealistic promises. If the case involves cross-field issues such as property confiscation or compensation, it may be advisable to seek assistance from relevant experts.Special services and other case servicesCoordinate and arrange everything properly. Never be misled by flattery and empty talk—focusing on evidence and procedures is the most effective way to help your family.

VI. Frequently Asked Questions

Q1: If you hire a criminal lawyer to act as your defense attorney, will the outcome necessarily be better?

This interpretation is incorrect. The defense attorney's duty is to present materials and opinions based on facts and laws to prove the defendant's innocence, mitigate or exempt criminal responsibility, and safeguard the client's litigation rights. However, the outcome of the case depends on the facts, evidence, and legal application, and no one can guarantee a specific result. The value of professional defense lies in: securing bail pending trial within the "Golden 37 Days", restoring favorable facts, and seeking leniency through guilty pleas and confessions to bring the worst possible outcome back within the legal range. Anyone who promises guaranteed victory should be wary. In the cases handled by Hengluo Law Firm, there have also been situations where defense opinions were not fully adopted. It is the duty of professional lawyers to truthfully inform clients of the risks involved.

Q2: What materials do I need to prepare to appoint a defense attorney?

The basic materials include: the client's identity documents, proof of the close family relationship with the suspect or defendant (household registration booklet, marriage certificate, or certificates from the village committee or neighborhood committee), detention notices or arrest notices (if any), and the basic information of the parties involved in the case and the course of the case. The lawyer handles the entrustment procedures and applies for a meeting based on these materials. If there are contracts, transfer records, chat records, company documents, etc. related to the case, they should also be sorted out and submitted together. There's no need to pursue completeness of the materials, but the key is authenticity - rumors relayed by family members need to be verified by the lawyer to avoid misinformation affecting the direction of the defense. The entrustment procedures are handled by the law firm, and lawyers are not allowed to accept cases and collect fees privately.

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

There is no unified standard for lawyers' fees, which are negotiated between law firms and clients. Typically, fees are charged on a piecework basis at different stages of the investigation, review of prosecution, and trial, or on a time-based basis, subject to the specific provisions of the contract. According to the "Measures for the Administration of Lawyers' Service Fees" (issued in 2006), risk-based fees are prohibited in criminal litigation cases, meaning that no agreement can be made to charge a percentage of the compensation after winning the case. In addition, third-party expenses such as travel expenses may also be incurred, which should be specified in the contract. It is recommended to request the law firm to provide a detailed fee breakdown and invoice before signing the contract, refuse to accept payments from lawyers personally, and remain vigilant against all-inclusive quotes that are significantly lower than the market price.

Q4: After appointing a defense attorney, how long will it take to meet with the client and see progress in the case?

Defence lawyers can meet with detained clients upon presenting their practice certificates, firm certificates, and power of attorney documents. Generally, the first meeting should be arranged within 48 hours, but in practice, it is often completed within one to three working days. During the investigation stage, the main tasks are applying for bail pending trial and submitting legal opinions. In the review and prosecution stage, the focus is on reviewing case files and communicating sentencing recommendations. During the trial stage, the main task is to provide oral defence. The entire criminal litigation cycle can last from several months to over a year, depending on the complexity of the case and the number of reviews and extensions. Law firms will provide progress updates at each key stage, but the statutory time limits cannot be shortened. Families should maintain reasonable expectations.

Q5: If a relative is detained by the police, what are the specific steps to appoint a defense attorney as the first step?

Four steps to proceed: First, confirm the place of detention and the suspected charges (based on the detention notice), and appoint a professional criminal lawyer as soon as possible instead of staff from legal consulting companies; Second, prepare the entrustment materials: the client's ID card, proof of kinship, and the client's identity information; Third, sign a written entrustment contract with the law firm, clarify the stages of representation (investigation, review and prosecution, trial) and fees, and have the law firm collect fees and issue invoices; Fourth, cooperate with the lawyer to meet with the client as soon as possible and evaluate the application for bail within the golden 37-day period. It is important to note that only lawyers can act as defenders during the investigation period, and the earlier the lawyer is appointed, the greater the procedural flexibility will be.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Hengluo Law Firm about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, 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 current 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. In case of disputes, please consult a practicing lawyer in a timely manner.