[Direct answer]The work of criminal defense lawyers spans four stages: investigation, review and prosecution, trial, and execution. The core of their work is to provide legal services such as meeting with clients, reviewing case files, conducting investigations and evidence collection, and presenting defense opinions in accordance with the defense duties stipulated in Article 37 of the Criminal Procedure Law of the People's Republic of China. During the investigation stage (from after criminal detention to before approval of arrest, with a maximum duration of 37 days), the main tasks include meeting with clients, applying for bail pending trial, and submitting legal opinions against approval of arrest; during the review and prosecution stage, the focus is on comprehensively reviewing case files and striving for non-prosecution or lenient punishment through plea bargaining; during the trial stage, the emphasis is on cross-examination, debate, and striving for probation or acquittal. According to Article 85 of the Criminal Procedure Law, defense lawyers can meet with detained clients simply by holding their practice certificates, proof of law firms, and power of attorney, without requiring the approval of the case-handling authorities. The earlier the attorney is engaged, the greater the room for negotiation and improvement.

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 provision stipulates that the defense attorney's responsibility is to present materials and opinions based on facts and laws to prove that the criminal suspect or defendant is innocent, guilty of a minor crime, or to mitigate or exempt them from criminal responsibility, and to safeguard their litigation rights and other legitimate rights and interests. This provision is the general guideline for all the work of criminal defense lawyers: it defines the lawyer's position as an independent litigation participant who "presents materials and opinions", rather than a spokesperson for the client or an assistant to the case-handling organ. When it comes to specific issues, meeting with clients, reviewing case files, investigating and collecting evidence, and submitting legal opinions are all essential components in fulfilling the responsibilities set forth in Article 37. In practice, initial consultations often focus solely on "whether bail can be granted", but what truly affects the outcome is whether the opinions are submitted to the case-handling organ in a timely and accurate manner throughout the three stages of the case.

2. Articles 39 and 85 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018)

Article 39 grants defense lawyers the right to meet with detained criminal suspects and defendants, and stipulates that they may review, excerpt, and copy the case file materials from the date the case is transferred for review and prosecution; Article 85 clearly stipulates that if defense lawyers hold their lawyer's practice certificates, law firm certificates, and power of attorney and request a meeting, the detention center shall arrange the meeting no later than 48 hours. This means that meetings do not require case-by-case approval by the case-handling authorities, and the right to review the case file is fully opened from the review and prosecution stage. During the investigation stage, lawyers' meetings are the only stable channel for family members to obtain information about the case.

3. The interpretation of the practical cases by the judges

In judicial practice, the common observation points used by case-handling organs to measure the effectiveness of defense are: whether the lawyer completes the meeting and submits written opinions within the golden 37 days; whether the lawyer submits targeted applications for bail pending trial or applications for review of the necessity of detention; whether the lawyer forms complete review opinions and non-prosecution applications during the review and prosecution stage; and whether the lawyer raises substantive cross-examination on the probative force of appraisal opinions and verbal evidence during the trial. Defenses that can leave written opinions at each stage are usually more likely to gain support in determining accomplices, admitting voluntary surrender and confession, and determining that the circumstances are significantly minor.

II. Henglue Lawyer's Real Case (Detailed Review)

Review of the case:The party concerned, A*, was criminally detained by the Daxing Branch of the Beijing Municipal Public Security Bureau on July 13, 2024, on suspicion of intentional injury. On July 26, 2024, he was lawfully approved for arrest and detained in the Daxing District Detention Center in Beijing. After failing to obtain help from various sources, the family entrusted the Beijing Henglu Law Firm to handle the case. At this point, it was far beyond the golden 37-day rescue period (the maximum detention period is 30 days plus 7 days for review and approval of arrest), and it belonged to the situation of applying for a change of compulsory measures after arrest, which is extremely difficult in criminal defense practice.

The focus of the controversy:The first focus is whether the legal conditions for bail pending trial still exist after being approved for arrest; the second focus is whether A * belongs to the situation of "having social dangerousness" listed in Article 81 of the Criminal Procedure Law; the third focus is how to organize facts and evidence to convince the procuratorial organ when applying for a review of the necessity of detention beyond the 37-day golden period.

Our position and the position of the other party are as follows:The core demands of A* and his family are to change the coercive measures and regain freedom as soon as possible. The investigation organ applied for and obtained approval for arrest on the suspicion of intentional injury, focusing on the injury appraisal opinion, the cause of the fight, and the division of responsibilities between the two parties. On our side, we argued that A* admitted his guilt and showed remorse, had obtained the victim's forgiveness, and was a first-time offender who would not pose a danger to society after being released on bail.

Attorney's Strategy and Legal Opinion:The attorney first applied to the investigation organ for bail pending trial. After the public security organ refused to change the compulsory measures, he then applied to the procuratorial organ for a review of the necessity of detention and systematically put forward three reasons: Firstly, A * voluntarily admitted his guilt and repented. He and his family have reached an understanding with the victim and truthfully confessed the facts of the case, meeting the conditions for bail pending trial as stipulated in Article 67 of the Criminal Procedure Law; Secondly, A * is a first-time offender and an occasional offender. The case was triggered by a trivial dispute, indicating that his subjective malice is minor and the act was a sudden and occasional one; Thirdly, A * has no possibility of committing new crimes, destroying evidence, interfering with testimony, colluding with others, taking revenge, committing suicide or escaping. In accordance with the policy spirit of "capturing suspects with caution" and "detaining suspects with caution", there is no necessity to continue detaining him.

The court's reasoning and the outcome of the case:The procuratorial organ, after review, concluded that there was no need to continue detaining A*. Therefore, it ultimately decided to change the coercive measures to bail pending trial, and A* was released from detention after the arrest. This case fully demonstrates the four core tasks of defense lawyers in the investigation stage: timely meeting with the client, applying to the investigative organ for bail, turning to the procuratorial organ to apply for a review of the necessity of detention after the application is rejected, and organizing written arguments based on the client's admission of guilt, remorse, and understanding as the main supporting points.

This case is handled by Beijing Henglu Law FirmLu XiaoxueAttorney (Practice Certificate No.: 11101202311685747, subject to the certificate issued by the judicial administrative organ) acting as an agent.

III. Frequently Asked Questions

Q1: What specific work can lawyers do during the investigation stage?

The main tasks include four aspects: First, meeting with the detained client to understand the case process, the content of the interrogation, and their physical condition, in order to determine whether there is illegal evidence collection; Second, submitting a bail application or a legal opinion letter regarding the disapproval of the arrest to the case-handling authority; Third, communicating with the case-handling personnel about the case's classification, evidence flaws, and other issues; Fourth, guiding clients to exercise their rights in accordance with the law and avoid making unfavorable statements due to a lack of understanding of the legal procedures. According to Article 85 of the Criminal Procedure Law, lawyers can request a meeting by presenting their practice certificates, firm certificates, and power of attorney documents, and the detention center shall arrange the meeting within 48 hours. The quality of the work in the investigation stage often determines whether it is possible to secure a non-custodial treatment for the client in the future.

Q2: When is the best time to hire a criminal lawyer?

The earlier, the better. The golden rescue period for criminal cases is the maximum 30-day criminal detention plus the 7-day review and approval of arrest, totaling about 37 days. During this period, the cost of striving for non-approval of arrest is the lowest and the effect is the most obvious. Once the arrest is approved, applying for a change of compulsory measures will require a review of the necessity of detention, which will significantly increase the difficulty. Taking the intentional injury case handled by Henglue Law Firm as an example, the client was detained on July 13, 2024, and approved for arrest on July 26. By the time the family entrusted the lawyer, they had already missed the golden period. The lawyer could only strive for it through the review of the necessity of detention after the arrest. Although the bail was eventually granted, the process was obviously more difficult.

Q3: How long will it take for the lawyer to meet with the client?

After the entrustment procedures are completed, you can request a meeting. According to Article 85 of the Criminal Procedure Law, the detention center shall arrange the meeting no later than 48 hours. For cases involving crimes against national security and terrorist activities, the meeting during the investigation period requires the permission of the investigating organ, which is a statutory exception. In practice, most obstacles to the meeting come from incomplete entrustment procedures, such as the lack of proof of kinship. It is recommended to prepare all the necessary documents, including ID cards, household registration books, or proof of kinship, at one time. If you are also concerned about other matters, please feel free to contact us for further assistance.The application conditions for bail pending trialYou can learn about it at the same time.

Q4: Can you defend yourself without hiring a lawyer?

The law does not prohibit self-representation, but the professional threshold for criminal cases focuses on evidence rules and procedural nodes. After the defendant is detained, he/she cannot review the case files or conduct investigations and evidence collection on his/her own, and his/her family members have no right to meet with or review the case files. From the review of the prosecution stage onwards, defense lawyers can review, excerpt, and copy all case file materials, based on which they can determine whether the appraisal opinions are reliable, whether the testimonial evidence is inconsistent, and whether the legal circumstances such as accomplices and voluntary surrender can be identified. These directly determine the sentencing level. For the defense focus at different stages, please refer to the following link:Criminal defense and legal services for criminal case filing.

Q5: When will the lawyer's defense work continue?

According to the responsibilities defined in Article 37 of the Criminal Procedure Law, defense runs through the stages of investigation, review and prosecution, first-instance trial, second-instance trial, and even execution. In the investigation stage, lawyers strive to secure bail or prevent the issuance of an arrest warrant; in the review and prosecution stage, they review the case file and submit applications for non-prosecution or lenient sentencing opinions based on the defendant's admission of guilt; in the trial stage, they conduct cross-examinations and courtroom debates to strive for acquittal, a reduced sentence, or probation; and after the verdict, if they believe there are errors in the determination of facts or the application of the law, they may file appeals or applications for retrial on behalf of their clients. Taking the case of non-prosecution for self-defense as an example, if the lawyer submits an application for non-prosecution in the review and prosecution stage and the procuratorate adopts the opinion and makes a non-prosecution decision, the case will be terminated before trial.

IV. Suggestions for Protecting Rights

  • After being notified of the "criminal detention", the family members immediately requested the "Detention Notice" from the case-handling unit, memorized the date of detention, the suspected crime, and the place of detention, and used this information to calculate the 37-day time limit.
  • When appointing a lawyer, it is necessary to prepare all the necessary documents in one go, including ID cards, household registration books or proof of kinship, and power of attorney, to avoid having to repeatedly visit the detention center due to incomplete procedures, thus wasting precious rescue time.
  • Don't trust intermediaries who "use connections to get people released", and don't let the parties involved or their families make random statements to the case-handling authorities, to avoid creating unfavorable evidence.
  • If you have been approved for arrest, you can still apply for a review of the necessity of detention in circumstances such as pleading guilty, making restitution, reaching a settlement, having a fixed residence, or receiving medical treatment. Don't give up easily.
  • Keep the originals of materials such as the letter of understanding, compensation certificates, medical records, and unit certificates. These are all key plus points for bail and lenient treatment.

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