[Direct answer]Major criminal cases involve serious charges, voluminous case files, and highly specialized disputes. A single difference in legal classification can result in a significant change in sentencing: intentional injury versus intentional homicide, whether the suspect surrendered voluntarily, and whether the defendant is a principal offender or an accomplice. These factors directly determine the sentencing outcome, which could range from more than ten years in prison to the death penalty. Professional lawyers can intervene as early as possible in accordance with Article 34 of the Criminal Procedure Law and review the case files in full in accordance with Article 40, providing systematic arguments on legal classification, voluntary surrender, and sentencing. Victims can also appoint lawyers to file ancillary civil claims in accordance with Article 101. It is recommended to seek legal advice as soon as possible.Criminal defense lawyerEvaluate the case.

I. Problem background and typical scenarios

In major criminal cases involving intentional homicide, robbery, drug-related crimes, and organized crime, the parties involved and their families often hesitate about whether to hire a lawyer and which lawyer to choose: some believe that even if they hire a lawyer with conclusive evidence, it's useless; some seek help from all kinds of sources and spend money on connections; some mistake lawyers who don't handle criminal cases as criminal experts. Major cases often involve dozens of volumes of case files, with disputes over the nature of the crime, the circumstances of the crime, and the sentencing intertwined. Without professional defense, it's hard to hit the nail on the head. For the families of the victims, if they only wait for the public prosecution and don't claim compensation at the same time, they often miss the opportunity to provide evidence in the accompanying civil litigation. Regardless of which side they stand on, they all need the full participation of professional criminal lawyers throughout the entire process.

II. Key points of contention

  • The debate over qualification: intentional homicide or endangering public safety by dangerous methods, robbery or provoking trouble. The differences in charges directly correspond to different sentencing levels, and this is the first battlefield between the prosecution and the defense;
  • Dispute over the circumstances of the case: The determination of circumstances such as voluntary surrender, confession, accomplice, meritorious service, compensation and understanding often affects the extent of mitigation or reduction of punishment, which requires supporting evidence and legal arguments;
  • The dispute over the procedure: whether the coercive measures are legal, whether there is excessive detention, and whether the evidence should be excluded. Only professional lawyers can identify these issues in a timely manner and raise objections in accordance with the law.

III. Professional analysis by Henglue Lawyers

The value of professional lawyers lies in transforming "evidential facts" into "legal opinions". Beijing Henglu Law FirmLiu LiqiangIn the criminal incidental civil action of an intentional homicide case handled by the lawyer, on June 16, 2024, after a dispute between Zhang Daqiang and the victim, Zhao Gang, at a concrete mixing station, Zhang drove his car at high speed into the laboratory, resulting in Zhao Gang's death on the spot and two others being injured. His defense attorney argued that the joking remarks were not enough to prove the intent to kill, and that voluntarily calling the police should be considered a surrender. He attempted to characterize the case as a crime of endangering public safety by dangerous methods. After thoroughly reviewing all the case files, including physical evidence, statements, appraisal opinions, and on-site inspections, Attorney Liu Liqiang refuted each point one by one: the language before the impact already revealed the motive; the fact that he accelerated within 5 meters of the door without taking any evasive action clearly demonstrated intent to kill; and his statement that the brakes failed and his repeated confessions did not constitute a surrender. The target of the act was specific multiple individuals, so the crime should be characterized as intentional homicide. The court adopted the lawyer's opinion and sentenced the defendant to death for intentional homicide. The civil part of the case supported the family's request for compensation. The characterization of the crime, the determination of surrender, and the sentencing are all interconnected, each requiring professional argumentation.

IV. Practical suggestions and legal basis

Legal basis and action points: According to Article 34 of the Criminal Procedure Law, suspects have the right to appoint a defense attorney from the day they are first interrogated or subjected to coercive measures, and during the investigation period, they can only appoint lawyers; according to Article 38, defense lawyers can provide legal assistance, represent the suspects in filing appeals and complaints, and apply for changes to coercive measures during the investigation period; according to Article 40, defense lawyers have the right to review, excerpt, and copy the case files from the date of review and prosecution; according to Article 101, victims who have suffered material losses due to criminal acts have the right to initiate incidental civil actions. Suggestions: Suspects should appoint professional criminal lawyers on the day they are subjected to coercive measures to seize the golden window period before the approval of arrest; victims' families should appoint lawyers as soon as possible to collect evidence of losses and express their opinions during the sentencing process; both parties should provide truthful statements and not believe in the "guaranteed victory" promises.

5. Henglue Law Firm's Reminder

The defense of major criminal cases is a long-term battle focusing on evidence and legal provisions. Choosing the right lawyer is more important than anything else. This case was handled by Beijing Henglu Law Firm.Liu LiqiangThe similar cases handled by the lawyer (practice license number: 11101200910454358, subject to the document issued by the judicial administrative organ) show that a thorough review of the case file and a point-by-point refutation are enough to reverse the direction of the debate on the nature of the crime. Whether you are the family member of the suspect or the victim, it is recommended that you seek legal help as soon as possible.Criminal Defense | Criminal Case Filing ServicesOrBeijing Henglue Law FirmHire a professional lawyer to conduct the defense before the trial begins.

Q1: Is it guaranteed that I will get a lighter sentence if I hire a lawyer?

There's no guarantee. The lawyer's duty, according to Article 37 of the Criminal Procedure Law, 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 their criminal responsibility, and to safeguard their litigation rights, rather than promising a certain outcome. In major cases, professional lawyers can strive for substantial progress on such disputed points as the nature of the crime, voluntary surrender, accomplice status, and compensation and understanding, for example, correcting the misidentification of the crime or excluding aggravating circumstances that do not exist. However, the final judgment lies with the court. Promises of "guaranteeing a light sentence" or "guaranteeing acquittal" are both unprofessional and illegal. When choosing a lawyer, one should focus on their case-handling experience and argumentation ability, rather than the size of the promise.

Q2: My family member has already been arrested. Is it still useful to hire a lawyer?

It's useful. Approving the arrest is not the end: lawyers can apply for a review of the necessity of detention according to Article 95 of the Criminal Procedure Law. If it is determined that there is no need to continue detention after the review, the compulsory measures can be changed; in the review and prosecution stage, lawyers have the right to read the case file in its entirety for the first time and can put forward defense opinions of non-prosecution or light punishment; in the trial stage, they can influence the determination of the nature of the crime and sentencing through cross-examination and debate. After the approval of the arrest, the evidence of the case has become relatively fixed. At this time, it is even more necessary for professional lawyers to study the case file and find breakthroughs. In practice, many clients have obtained significant leniency after the approval of the arrest through reviews of the necessity of detention or accurate sentencing defense. The key lies in hiring a lawyer as early as possible and preparing thoroughly, rather than passively waiting for the trial.

Q3: What are the differences between professional criminal lawyers and ordinary lawyers?

Criminal defense is a highly specialized field: only by being familiar with the constitutive elements of various crimes and sentencing standards can one grasp the debate over the nature of the crime; having practical experience in the stages of investigation, approval of arrest, and review of prosecution can help one know when to submit what opinions to whom; and having extensive experience in reviewing case files and cross-examination can enable one to identify conflicting evidence and procedural flaws from dozens of case files. For major cases, attention should also be paid to the lawyers' and teams' experience in similar cases and their familiarity with the judicial interpretation of the charges involved. During the interview, you can ask the lawyer to preliminarily analyze the points of dispute and the defense strategy: those with clear thinking and specific plans are more worthy of entrusting; those who only talk about relationships and make general promises should be avoided.

Q4: Do the victims' families also need to hire lawyers?

It is necessary. The public prosecution organ pursues criminal responsibility, but material losses such as death compensation, funeral expenses, and the living expenses of dependents must be claimed by the victim's family in a concurrent civil action in accordance with Article 101 of the Criminal Procedure Law, with the burden of proof resting on their own side. Lawyers can assist in sorting out the evidence of losses, calculating the scope of compensation, participating in the cross-examination in court, and giving opinions on imposing heavier punishments during the sentencing phase, thus forming a synergistic effect with the public prosecution and avoiding the situation of "only convicting without compensation". In major cases, delaying the appointment of lawyers often leads to the loss of evidence and unfulfilled compensation. Therefore, families should appoint lawyers simultaneously with the public prosecution process, rather than filing a separate lawsuit after the criminal judgment.

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

The earlier the better. The best time is the day when coercive measures are taken against the suspect. During the investigation stage, the lawyer can meet with the suspect, understand the suspected charges, apply for bail, and submit opinions against the approval of arrest. The 37-day window directly determines whether the suspect will be detained or not. During the review and prosecution stage, the lawyer can review the case file and strive for non-prosecution or lenient punishment. During the trial stage, the focus is on cross-examination and sentencing defense. The scope of action at each stage decreases successively. If the lawyer is hired only after the trial begins, most favorable circumstances will be difficult to remedy. Family members should remember the sequence of key stages: detention, approval of arrest, transfer for review and prosecution, and trial, and complete the corresponding defense preparations before each stage, so that professional opinions can precede the legal procedures.

If you are currently 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 Liu Liqiang·Beijing Henglue Law Firm