[Direct answer]Criminal defense refers to the litigation activities in which defense attorneys, based on facts and laws, present materials and opinions to prove the innocence, lightness of the crime, or mitigation or exemption of the criminal responsibility of the suspects or defendants, and safeguard their litigation rights and other legitimate rights and interests. The legal basis for this is Article 37 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018). According to Article 34, family members can appoint defense attorneys from the date of the first interrogation or the adoption of coercive measures. During the investigation period, defense attorneys can only be appointed by lawyers. Defense activities cover the entire process: meeting with the suspects or defendants during the investigation stage, reviewing case files and submitting opinions on non-prosecution or mitigation of punishment during the review and prosecution stage, cross-examination and defense during the trial stage, and applying procedures such as review of the necessity of detention and leniency for guilty plea and admission of punishment. For more details, please refer to the relevant provisions of the Criminal Procedure Law of the People's Republic of China.Criminal defense legal servicesAndBeijing 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 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 their criminal responsibility, and to safeguard their litigation rights and other legitimate rights and interests. This article establishes the three connotations of defense: procedurally, it guarantees litigation rights such as meeting with the client, reviewing case files, and cross-examination; substantively, it focuses on proving innocence or a minor crime; and in terms of rights and interests, it supervises the legality of detention and the voluntariness of plea bargaining. Defense does not mean "helping people escape punishment", but ensuring that the case is handled fairly within the framework of evidence and law.

2. Article 34 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018)

From the date the criminal suspect is first interrogated by the investigative organ or subjected to compulsory measures, he/she has the right to appoint a defense attorney; during the investigation period, only lawyers can be appointed as defense attorneys. This is the time coordinate of the starting point of defense: the suspect can appoint a lawyer on the day of criminal detention, and the earlier the lawyer is involved, the more likely it is to complete the meeting with the suspect, fix the circumstances of confession and surrender, and submit opinions on bail or non-arrest within the golden 37-day period. If the lawyer is hired only after the trial, most of the space for procedural defense will have been exhausted.

3. Practical adjudication guidelines

In practice, defense work is carried out in stages: during the investigation stage, meeting with clients and applying for bail pending trial; submitting opinions against arrest before the approval of arrest; and applying for a review of the necessity of detention after the approval of arrest; during the review and prosecution stage, reviewing case files and submitting opinions on non-prosecution or plea bargaining for leniency; during the trial stage, cross-examination, procedural defense, and sentencing defense. The effectiveness of defense is reflected in such key points as the modification of coercive measures, non-prosecution, probation, and sentencing reductions. It should be emphasized that defense does not guarantee the outcome and it is prohibited to attract clients with the promise of "guaranteed victory". The choice between defense of innocence and defense of a light sentence must be based on the evaluation of evidence after reviewing the case files, rather than the client's wishes.

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

Review of the case:On July 13, 2024, A* was criminally detained by the Daxing Branch of the Beijing Municipal Public Security Bureau on suspicion of intentional injury; on July 26, he was approved for arrest and detained in the Daxing District Detention Center. After consulting with various parties, the family entrusted the Beijing Henglu Law Firm to handle the case.Lu XiaoxueThe lawyer acted as the defender. At this point, it was far beyond the "Golden 37 Days" rescue period and involved applying for a change of coercive measures after the arrest, which is regarded as an extremely difficult defense scenario in the industry.

The focus of the controversy:First, whether the legal conditions for bail pending trial still exist after the person has been approved for arrest; second, whether A * has the social dangerousness listed in Article 81; third, the timing and the focus of evidence for the review of the necessity of detention.

Our position and that of the other party are as follows:A* and his family hope to change the compulsory measures and regain their freedom as soon as possible. The investigation organ filed a request for arrest on the grounds of suspected intentional injury and obtained approval. The focus is on the assessment of the injury, the cause of the fight, and the responsibilities of both parties.

Attorney's Strategy and Legal Opinion:Attorney Lu Xiaoxue met with the client multiple times and maintained communication with the case-handling authorities and the procuratorial organs. After the public security organ refused to change the detention measure, she applied to the procuratorial organ for a review of the necessity of detention in accordance with the law, systematically putting forward three reasons: A * voluntarily admitted guilt and repented, and he and his family had reached an understanding with the victim and made a truthful statement, meeting the conditions for bail; A * was a first-time offender and occasional offender, and the conflict arose from a trivial matter, indicating low subjective malice and being a sudden and occasional act; there was no possibility of him committing new crimes, destroying evidence, interfering with the testimony, colluding with others, taking revenge, or escaping. According to the principle of minimizing and exercising caution in detention, there was no need to continue detaining him.

The court's reasoning and the outcome of the case:The procuratorial organ, after review, considered it unnecessary to continue detaining A*, and decided to change the compulsory measures to bail pending trial. A* was released from detention after the approval of the arrest. This case fully demonstrates the typical work process of defense lawyers - meeting, communication, written application, and continuous follow-up. It also shows that the value of criminal defense is not limited to court hearings, and every procedural node may change the situation of the client.

This case is handled by Beijing Henglu Law Firm.Lu XiaoxueThe attorney (practice certificate number: 11101202311685747, subject to the certificate issued by the judicial administrative organ) acts as the agent.

III. Frequently Asked Questions

Q1: Is criminal defense just about helping people "get off the hook"?

No. Defense refers to safeguarding the litigation rights and legitimate interests of suspects and defendants in accordance with the law, which specifically includes various forms such as defense of innocence, defense of a lighter sentence, sentencing defense, and procedural defense. In most cases, the focus is on obtaining non-arrest, bail, non-prosecution, probation, or a reasonable sentencing within the framework of evidence and the law. The rhetoric of "exoneration" not only fails to comply with the duty definition in Article 37, but is also often associated with illegal charging. Families should be vigilant.

Q2: What can defense lawyers do during the investigation stage?

It can include meeting with the detained parties (arranged within 48 hours after their admission to the detention center), understanding the suspected charges and case details, conveying the concerns of the families; applying for bail pending trial, submitting legal opinions against arrest during the stage of requesting approval for arrest, and applying for a review of the necessity of detention after the approval of arrest; guiding the parties to respond to interrogations in accordance with the law and to fix favorable circumstances such as voluntary surrender and confession. The defense efforts in the investigation stage often determine the subsequent development of the case.

Q3: Do I still need a defense attorney even though I've already admitted my guilt and accepted the punishment?

It is necessary. The plea bargain involves consultation on sentencing proposals, signing of the undertaking, and selection of procedures (fast-track, summary, or ordinary procedures), all of which require professional judgment to prevent the sentencing proposals from being obviously inappropriate or the procedural rights from being infringed. The defense attorney will also simultaneously review whether the evidence supports the charges and whether there are mitigating circumstances such as accomplices, first-time offenders, compensation, and understanding, which can be superimposed. A plea bargain does not mean giving up the right to defense.

Q4: Can the victim's side appoint a lawyer?

Yes. According to the Criminal Procedure Law, the victims of public prosecution cases and their legal representatives and close relatives have the right to appoint litigation agents from the date the case is transferred for examination and prosecution. Lawyers can represent them in bringing criminal incidental civil actions, claiming material losses such as medical expenses and funeral expenses, participating in court hearings and cross-examination, and giving opinions on sentencing. This helps to form a synergy with the public prosecution and avoid the situation of "only convicting without compensation".

Q5: When is the most appropriate time to hire a defense attorney?

The earlier, the better. A lawyer can be engaged from the day of the first interrogation or the imposition of coercive measures. During the investigation, only lawyers can be engaged. The opinions on non-arrest within 37 days, the review of the prosecution stage, and the cross-examination and defense in the trial stage are closely interconnected. If a lawyer is engaged only after the trial, most of the procedural opportunities such as bail and non-prosecution have already been missed, and the cost of remedying the situation has significantly increased.

IV. Suggestions for Protecting Your Rights

  • For family members involved in the case, the defense lawyer was appointed on the day of criminal detention to seize the golden opportunity to complete the meeting and submit opinions.
  • Communicate the case details truthfully with the lawyer, and provide favorable evidence such as the letter of understanding and compensation, medical records, and proof of fixed residence.
  • Those who have been arrested should not give up. They can apply for a review of the necessity of detention according to Article 93 to seek a change in the compulsory measures.
  • The confession of guilt and acceptance of the punishment should be carried out under the supervision of the defense attorney, who verifies whether the sentencing proposal and the choice of procedures are appropriate.
  • We reject the promises of "guaranteed victory" and "bribing judges", and the outcome of the defense shall be subject to the judgment of the judicial authorities in accordance with the law.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit.Criminal defense legal services·Attorney Lu Xiaoxue·Beijing Henglu Law Firm