[Direct answer]In criminal cases, the role of a lawyer is clear and spans the entire process: meeting with the suspect during the investigation stage, understanding the suspected charges, applying for bail and reviewing the necessity of detention; reviewing the case file during the prosecution stage, proposing non-prosecution or mitigating punishment; and cross-examining and defending during the trial stage, as well as representing the victim in civil litigation. For the victim's side, the lawyer can represent them in claiming compensation and refuting mitigating defenses. Beijing Henglue Law FirmCriminal defense teamWe have practical experience in all stages of the criminal justice process, including approving arrests, deciding not to prosecute, and sentencing. For more details, please refer to the following link:Beijing Henglu Law Firm.

I. Legal basis and interpretation of provisions

1. Article 37 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018)

The duty of a defense attorney is to present materials and opinions based on facts and laws to prove that the criminal suspect or defendant is innocent, guilty of a lesser crime, or to mitigate or exempt them from criminal responsibility, and to safeguard their litigation rights and other legitimate rights and interests. This article establishes the lawyer's duty of "full-process defense", which is the legal basis for the role of hiring a lawyer.

2. Article 101 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018)

If the victim suffers material losses due to the defendant's criminal acts, he/she may file a supplementary civil action in the criminal litigation. The victim's attorney may claim compensation for death, funeral expenses, medical expenses, etc., working together with the public prosecution organ to avoid the situation of "only convicting the defendant without providing compensation".

3. Practical adjudication guidelines (the point at which a lawyer should get involved)

In practice, the earlier lawyers get involved, the better they can fix favorable circumstances: striving for non-arrest during the golden period, promoting non-prosecution during the review stage, and cross-examination and sentencing during the trial stage. The most common pitfall is "waiting until the verdict to act", missing the opportunity for bail and reviewing the case files, which is difficult to remedy afterwards. The value of professional defense often lies in the details and evidence comparison. In particular, victims often mistakenly believe that public prosecution alone can protect their rights, ignoring the scope of compensation and evidentiary requirements of accompanying civil litigation. Hiring a lawyer as early as possible can simultaneously lock in evidence of material losses and put forward opinions on heavy sentencing during the sentencing stage, with a significant difference in the effect.

II. Henglue Law Firm's Real Cases (Detailed Review)

Review of the case:In the late night of June 16, 2024, after an argument with Zhao Gang and others at the mixing station, Zhang Daqiang drove a white Cheetah car at a speed of about 60 kilometers per hour and crashed into the laboratory, causing Zhao Gang to die on the spot and Zhang Bin and Li Yuanzheng to be injured. The victim's wife, Zhao Gang, entrusted the Beijing Henglu Law Firm to handle the case.Liu LiqiangThe lawyer represents the client in criminal ancillary civil litigation and vows to seek justice for them.

The focus of the controversy:First, Zhang Dajiang subjectively and intentionally determined the situation; second, whether his act of calling the police and then lying about the brake failure constitutes a voluntary surrender; third, whether the crime should be classified as intentional homicide or endangering public safety by dangerous means.

Our position and the position of the other party are as follows:The victim's family demanded that the perpetrator be severely punished, prosecuted for intentional homicide, and compensated; the procuratorial organ prosecuted him for intentional homicide. The defense attorney claimed that the mere joke was not enough to prove the intent to kill and attempted to classify the case as a crime endangering public safety.

Attorney's Strategy and Legal Opinion:Attorney Liu Liqiang reviewed the entire case and refuted each point one by one: the language before the collision revealed intent, accelerating even though he was less than five meters away from the door, and failing to avoid the victim, proving that the intent to kill was clear; lying to the police about brake failure and inconsistent statements did not constitute voluntary surrender; the target was clearly aimed at multiple specific individuals, so the crime should be defined as intentional homicide. He emphasized that the crime was extremely serious, the methods were cruel, and the defendant refused to admit guilt and compensate, so he should be given a severe punishment.

The court's reasoning and the outcome of the case:The court adopted the lawyer's opinion and determined that Zhang Dajiang, who drove a car and intentionally deprived others of their lives, causing one death and two injuries, constituted the crime of intentional homicide. The circumstances were extremely serious and he showed no remorse. In the end, he was sentenced to death, and the accompanying civil lawsuit supported the victims' families' request for compensation. Justice was served, reflecting the substantial impact of the lawyer's representation on the conviction, sentencing, and compensation.

This case is handled by Beijing Henglu Law Firm.Liu LiqiangThe attorney (practice certificate number: 11101200910454358, subject to the certificate issued by the judicial administrative organ) acts as the agent.

III. Frequently Asked Questions

Q1: Can hiring a lawyer change the outcome of a conviction?

A lawyer cannot directly determine the outcome of a case, but can influence the determination of the nature of the crime through reviewing the evidence, cross-examination, and legal application arguments. For example, in this case, arguing that the act endangered public safety rather than intentional homicide, and refuting the defendant's claim of voluntary surrender, directly affects the sentencing level. Professional defense does have significant influence and room for maneuver in key disputes.

Q2: Can the victim's side hire a lawyer?

Yes. The victim can entrust a lawyer to represent them in the criminal incidental civil action, claim material losses such as death compensation, funeral expenses, and medical expenses, and participate in the courtroom cross-examination to form a synergistic effect with the public prosecution, thus avoiding the situation where only a conviction is obtained but no compensation is provided.

Q3: What can lawyers do during the investigation phase?

Meeting with the client, understanding the case and the charges, applying for bail or reviewing the necessity of detention, submitting legal opinions, and fixing favorable circumstances. Intervening during the golden period often determines the subsequent direction of the case, making it the most leveraging stage for hiring a lawyer.

Q4: Is it guaranteed that I will get a lighter sentence if I hire a lawyer?

Not necessarily. The role of a lawyer is to safeguard rights and strive for the most favorable outcome in accordance with the law, rather than promising a specific punishment. In cases with clear facts and serious consequences, lawyers focus on accurately defining the nature of the crime, explaining the sentencing rationale, and seeking compensation. However, the final outcome will still be determined by the court in accordance with the law.

Q5: When is the best time to hire a lawyer?

The earlier, the better. There are different possibilities at each stage of the investigation, review of the arrest, and review of the prosecution: refusal to approve the arrest, non-prosecution, lenient sentencing, or compensation. If you entrust a lawyer only at the trial stage, you often miss the best window for intervention, and it becomes much more difficult to remedy the situation.

IV. Suggestions for Protecting Rights

  • Suspect's side: After being subject to compulsory measures, the suspect hired a lawyer to seize the golden opportunity to strive for bail and favorable circumstances.
  • Victim's side: Hire a lawyer as soon as possible to file a concurrent civil action and claim compensation for material losses.
  • Pay attention to the marking of examination papers and the analysis of evidence, and provide systematic arguments on key disputes such as qualification, voluntary surrender, and accomplices.
  • Provide the lawyer with accurate information, cooperate with the collection of evidence, do not believe in "guaranteed victory", and safeguard your legitimate rights and interests in accordance with the law.

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