[Direct answer]Criminal cases go through three stages in sequence: investigation, review and prosecution, and trial. The public security organ is responsible for the investigation, and after detention, the maximum period for applying for approval of arrest is 37 days; the investigation and detention period is generally not more than two months (Article 156 of the Criminal Procedure Law of the People's Republic of China as amended in 2018); the review and prosecution period is generally one month, and it can be extended by 15 days for major and complex cases (Article 172); the first-instance judgment is generally pronounced within two months and no later than three months (Article 208). From the date of the first interrogation or the adoption of compulsory measures, the parties have the right to appoint a defense attorney (Article 34). It is recommended to engage a lawyer as soon as possible. For more details, please refer to the following link:Criminal defense and legal services for criminal case filingAndBeijing Henglu Law Firm.

I. Problem background and typical scenarios

When family members are suddenly taken away by the police, the most common questions from relatives are: where are they detained, how long will they be detained, when can they be visited, and when will they know the outcome. The criminal procedure is interconnected: from case filing and investigation to criminal detention, arrest reporting, prosecution, and trial, each stage involves different agencies, legal deadlines, and rights for the parties involved; the conversion of coercive measures from detention and arrest to bail pending trial directly affects personal freedom; and there are separate arrangements for the appeal period and execution after sentencing. Families who don't understand the process are prone to missing key deadlines, such as failing to hire a lawyer to meet with the detainee in the early stages of the investigation, failing to submit favorable opinions before the approval of arrest, and failing to negotiate the sentencing during the plea bargaining window.

II. Key points of dispute

  • The application and conversion of coercive measures: The conditions for criminal detention, arrest, and bail pending trial are different. Whether a defendant is detained directly affects the scope of defense and the evaluation of subsequent sentencing circumstances. The application of Articles 67 and 81 is often the focus of confrontation between the prosecution and the defense.
  • The calculation of the time limits for each stage: the 37-day time limit for approving arrest, the 2-month time limit for detention during investigation, the 1-month time limit for reviewing and prosecuting, and the 2- to 3-month time limit for first-instance trials are all statutory upper limits. However, factors such as returning the case for supplementary investigation, extending the time limit, and changing jurisdiction may prolong the actual duration of the process.
  • Guilt or not guilty, this crime or that crime: Article 16 on the statutory non-prosecution circumstances, the lenient punishment for pleading guilty and accepting the punishment (Article 15), and the determination of voluntary surrender and confession directly determine the direction of the case and the term of imprisonment. The dispute over the nature of the crime often runs through the whole process.

III. Professional analysis by Henglue Lawyers

Every node in the process may change the outcome of the case, as exemplified by a criminal incidental civil lawsuit handled by Henglue Law Firm. On the night of June 16, 2024, in the laboratory of a concrete mixing station, defendant Zhang Daqiang and others had a dispute over the quality of the concrete being constructed. After being separated by others and sent back to their dormitory, Zhang drove his car at a speed of about 60 to 62 kilometers per hour into the laboratory, resulting in the instant death of Zhao Gang and injuries to Zhang Bin and Li Yuanzheng. The case was investigated by the public security organ and prosecuted by the procuratorate for intentional homicide. The victim's wife, Liu Shufen, entrusted Attorney Liu Liqiang of Beijing Henglue Law Firm to represent her in the criminal incidental civil lawsuit. During the trial, the defense argued that the relevant remarks were just jokes and insufficient to prove intentional homicide, and that Zhang Daqiang's voluntary call to the police should be recognized as a voluntary surrender. The defense also claimed that the crime should be classified as endangering public safety by dangerous methods. After thoroughly reviewing the case file, Attorney Liu refuted the defense one by one: Zhang Daqiang's remarks before the collision revealed his murderous intent; he accelerated despite being less than 5 meters away from the door; and he knew there were people inside but failed to take any evasive action, clearly demonstrating intentional homicide. Moreover, Zhang lied to the police about brake failure, failed to truthfully admit the fact of the car collision, and repeatedly retracted his confession, which did not constitute voluntary surrender according to the law. His target was specific individuals, so intentional homicide should be confirmed. The court adopted the lawyer's opinion, finding Zhang guilty of intentional homicide with extremely vicious circumstances and sentencing him to death. The civil compensation part of the case supported the victim's family's compensation request. This case covers the entire process of investigation, approval of arrest, prosecution, and first-instance trial, demonstrating that the dispute over evidence review and classification persists throughout the entire process. The execution and settlement arrangements for the incidental civil compensation can also be considered in this context. 流程中的每个节点都可能改变案件结果，恒略律师代理的一起刑事附带民事诉讼案件即为写照。2024年6月16日深夜，某拌合站实验室内，被告人张大强与赵刚等人因施工混凝土质量发生争执，经劝开后被送回宿舍，随后驾驶汽车以约60至62公里/小时冲撞实验室，致赵刚当场死亡、张斌与李远征受伤。案件经公安机关立案侦查，检察院以故意杀人罪提起公诉。被害人赵刚之妻刘淑芬委托北京恒略律师事务所刘立强律师代理刑事附带民事诉讼。庭审中，辩方辩称相关言语仅系玩笑、不足以证明杀人故意，张大强主动报警应认定自首，并主张定性为以危险方法危害公共安全罪。刘立强律师完整阅卷后逐一反驳：张大强撞击前言语表露杀人动机、距门口不足5米仍加速、明知室内有人而未采取任何避让，杀人故意明确；其报警时谎称刹车失灵、未如实供述驾车撞击事实且反复翻供，依法不构成自首；其目标明确、针对特定人员，应认定故意杀人罪。法院经审理采纳律师意见，认定张大强构成故意杀人罪且情节极其恶劣，判处死刑，附带民事部分支持了被害人家属的赔偿请求。该案覆盖侦查、批捕、起诉、一审全流程，说明证据审查与定性之争贯穿始终，各阶段的意见提交都会影响最终结果；附带民事赔偿的执行与和解安排，还可结合Creditor-debtor relations and enforcement case servicesEvaluation.

IV. Practical suggestions and legal basis

At the legal basis level: Article 3 of the Criminal Procedure Law of the People's Republic of China (amended in 2018) divides the powers of investigation, prosecution, and trial; Article 34 stipulates that suspects have the right to appoint defense attorneys from the date of their first interrogation or the imposition of compulsory measures by the investigative organ, and during the investigation period, they can only appoint lawyers; Article 39 stipulates that if the defense attorney requests a meeting, the detention center shall arrange it within 48 hours at the latest; Article 82 stipulates the circumstances of detention, and Article 91 stipulates that the application for approval of arrest after detention shall generally be made within 3 days, which may be extended by 1 to 4 days, and for suspects who commit crimes in groups or repeatedly, the extension may be up to 30 days, and the procuratorate shall make a decision within 7 days; Article 156 stipulates that after arrest, the investigation and detention shall generally last for 2 months; Article 172 stipulates that the review and prosecution shall generally last for 1 month, which may be extended by 15 days; Article 208 stipulates that the first-instance judgment shall be pronounced within 2 months, and at the latest not exceeding 3 months. At the practical advice level: After the family receives the notice of criminal detention, they should note the place of detention and the suspected crime, and immediately appoint a lawyer to meet with the suspect, understand the case, and convey family information; for those who do not constitute a crime or pose no social danger, they shall timely submit applications for non-approval of arrest or bail pending trial; for those involving compensation and reconciliation, they shall, in accordance with Article 101, file a concurrent civil action in the criminal litigation process, and seize the opportunity to negotiate compensation and reconciliation.

5. Henglu Law Firm's Advice

The timeline of a criminal case is determined by both the statutory time limits and the practical procedures of the case. The earlier you get involved, the more likely you are to gain the initiative at key stages such as approving arrests, obtaining bail, and accepting guilty pleas and sentencing agreements. The above-mentioned case was handled by Beijing Henglu Law Firm.Liu LiqiangThe lawyer (practice license number: 11101200910454358, subject to the document issued by the judicial administrative organ) acted on behalf of the client. Through a thorough review of the case file and point-by-point refutation, the lawyer successfully persuaded the court to adopt his opinion on the nature of the crime and the imposition of heavier punishment. The accompanying civil compensation claim was also supported. Whether on the side of the suspect or the victim, it is recommended to consult a professional criminal lawyer as soon as the case is filed or the suspect is detained, in order to make full use of legal rights at each stage of the process.

Q1: How long does it take for a lawyer to meet with a family member who has been detained by the police for criminal investigation?

According to Article 39 of the Criminal Procedure Law of the People's Republic of China (amended in 2018), when a defense lawyer requests a meeting with a detainee by presenting his/her practicing certificate, a law firm's certificate, and the power of attorney, the detention center shall arrange the meeting promptly, and no later than 48 hours; for cases involving crimes against national security, terrorist activities, etc., the meeting during the investigation period shall be subject to the permission of the investigating organ. During the first meeting with the detainee, the lawyer can verify the suspected crime, the interrogation situation, and the physical condition of the detainee, inform the detainee of his/her litigation rights, and assess whether to apply for bail pending trial. If family members are unable to meet the detainee on their own, entrusting a lawyer as soon as possible is the most direct way to understand the case and fix favorable circumstances.

Q2: How long does it usually take from arresting someone to sentencing them in a criminal case?

The legal timeframes are as follows: the maximum period for requesting approval for arrest after detention is 37 days (including the 7-day review by the procuratorate, Article 91); the investigation and detention period after arrest is generally 2 months, and it can be extended according to Article 156 if the case is complex; the review and prosecution period is generally 1 month, and it can be extended by 15 days if the case is major and complex; the return for supplementary investigation is once per month, with a limit of two times; and the first-instance judgment is generally pronounced within 2 months, but no later than 3 months (Article 208). Most ordinary criminal cases are concluded within half a year to one year, while cases involving the death penalty, accompanying civil litigation, or return for supplementary investigation or appeal will take longer. Families can inquire about the progress through the case-handling organs or lawyers at key stages.

Q3: What can family members do during the case?

There are three things that can be done: First, entrust a defense lawyer as soon as possible. According to Article 34 of the Criminal Procedure Law, the defendant has the right to entrust a defense lawyer from the date of the first interrogation or the date of taking compulsory measures. In the investigation stage, only lawyers can act as defense lawyers; Second, save money and send clothes for the defendant to ensure their basic living; Third, cooperate with the lawyer to collect materials favorable to the defendant, such as medical records, certificates of consistent performance, and proof of compensation capacity, etc., to prepare for bail, understanding, and sentencing negotiation. It is strictly prohibited to coerce the defendant into giving false testimony, transfer the involved property, or inquire about the case and spread the information. These actions may be suspected of interfering with the testimony or aggravating the evaluation of social dangerousness.

Q4: Does applying for bail pending trial mean that I'm in the clear?

No. Bail pending trial is just a coercive measure with a lower degree of restriction on personal freedom. According to Article 79 of the Criminal Procedure Law, the maximum period of bail shall not exceed 12 months, during which the investigation, prosecution, and trial shall proceed as usual. The parties concerned must still comply with the obligations stipulated in Article 71, including not leaving the city or county where they reside without approval, appearing in court promptly when summoned, and not interfering with witnesses' testimony or destroying or fabricating evidence. Whether a final sentence will be imposed ultimately depends on the facts, evidence, and sentencing circumstances. For cases with significantly minor circumstances that are not considered crimes, the parties concerned may seek to have the case withdrawn or not prosecuted in accordance with Article 16. Treating bail as the end of the case and becoming complacent is the most common misunderstanding among family members.

Q5: Can the victim request compensation in a criminal case?

Yes. According to Article 101 of the Criminal Procedure Law of the People's Republic of China (amended in 2018), if a victim suffers material losses due to the defendant's criminal acts, he/she has the right to initiate an incidental civil action during the criminal litigation process and claim material losses such as medical expenses, nursing fees, funeral expenses, and the living expenses of the dependents. Generally, compensation for mental damages is not included in the scope of incidental civil actions. In practice, defendants often voluntarily compensate victims and obtain their forgiveness to seek lenient punishment, and the situation of obtaining forgiveness has a significant impact on sentencing. If a settlement cannot be reached, the incidental civil action and the criminal case will be tried together. It is recommended that lawyers calculate the list of losses as soon as possible and participate in the negotiation to seize the opportunity for compensation and forgiveness.

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