[Direct answer]After being criminally detained, defense attorneys can legally meet with clients based on their practice certificates, law firm certificates, and power of attorney documents to understand the suspected charges and case details, soothe clients' emotions, file appeals and complaints on their behalf, and apply for bail pending trial or change of coercive measures when conditions permit. According to Article 34 of the Criminal Procedure Law of the People's Republic of China, lawyers can intervene in the investigation stage; Article 67 stipulates the applicable conditions for bail pending trial; and the period from detention to the submission of an application for approval of arrest usually lasts about 37 days, which is known as the "golden rescue period". The earlier the attorney is engaged, the more beneficial it is to fix favorable circumstances. For more details, please refer to the following link:Criminal defense and criminal case filing legal servicesAndBeijing Henglu Law Firm.

I. Problem background and typical scenarios

When family members are suddenly taken away and receive detention notices, it's the first time many families face criminal cases directly. Typical scenarios include: the suspect being detained in a different location for suspected online information dissemination, economic disputes, or minor violent acts, with family members unaware of the suspected crime or detention location; the suspect having strong emotional fluctuations after being interrogated, eager to prove their innocence but possibly making unfavorable statements; family members wanting to send money or supplies but unaware of the detention center's regulations; and failing to hire a lawyer during the golden rescue period, missing the best opportunity to submit legal opinions. Such situations require highly time-sensitive professional intervention, and every day's delay may affect the direction of subsequent coercive measures.

II. Key points of contention

  • The right to meet with clients is guaranteed: defense lawyers can meet with their clients with three certificates, and the case-handling organs shall arrange the meeting within the prescribed time limit. It is a clear legal principle that lawyers' meetings are not subject to wiretapping. Family members do not need to and should not transmit information related to the case through illegal channels.
  • The controversy over the timing of intervention: Some families mistakenly believe that hiring a lawyer will exacerbate conflicts or be seen as having something to hide. In fact, timely and standardized legal intervention can help clarify the facts, avoid procedural violations, and is a legitimate way to protect the rights of the parties according to the law.
  • The direction of coercive measures: whether to report the arrest after detention and whether bail can be granted depends on the nature of the crime, the circumstances, and the assessment of social danger. Lawyers' opinions are most likely to play a role only if they are submitted at the golden node.

III. Professional analysis by Henglue Lawyers

The core of Henglue Law Firm's defense at the investigation stage is to present the elements favorable to the client, such as unclear facts, minor circumstances, and no social harm, to the case-handling organ as early as possible. Taking a non-profit video dissemination case handled by our firm as an example: the client was criminally detained for disseminating obscene materials because he forwarded a small number of videos on a forum. After the lawyer met with him, it was confirmed that he was a first-time offender, had no profit motive, and had little subjective malice. Immediately, the lawyer argued both the statutory criminal threshold and the lack of social harm, submitted a legal opinion on bail pending trial, and combined with factors such as admitting guilt and punishment, and making truthful statements. As a result, the client was granted bail during the investigation stage. This case shows that the lawyer's opinion at the investigation stage is not just a formality, but a crucial link that influences the direction of coercive measures. Related procedures can also be combined with this case to provide reference for similar cases.Special services and other case servicesAfter a comprehensive evaluation, and in consultation withCreditor-debtor relations and enforcement case servicesThis will help address potential property disposal issues that may arise in the future.

IV. Practical suggestions and legal basis

At the legal basis level: Article 34 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) stipulates that suspects have the right to appoint defense attorneys from the date of their first interrogation or the adoption of coercive measures, and the investigative organ shall inform them of this right; Article 67 stipulates the conditions for bail pending trial; Article 75 stipulates the necessity of residential surveillance and detention; Article 79 stipulates the detention and custody period after arrest. Article 15 of the Criminal Procedure Law of the People's Republic of China establishes the principle of leniency for confessing guilt and accepting punishment. At the practical advice level: After receiving the detention notice, verify the suspected crime, the case-handling organ, and the detention location as soon as possible; appoint a regular lawyer for a meeting as soon as possible; cooperate with the lawyer to collect leniency materials such as first-time offenses, voluntary surrender, confessing guilt and accepting punishment, and reaching a settlement; submit bail or legal opinions within the golden rescue period, and do not wait until the deadline to take action. In cases involving physical illnesses and other circumstances, relevant materials can be provided in combination with the circumstances of the case.Personal injury and medical dispute servicesPrepare the materials for the health certificate.

5. Henglu Law Firm's Reminder

Criminal detention has a huge impact on the detainee and their family in terms of legal procedures, but the law has provided remedial channels such as meetings with lawyers, bail, appeals, and complaints for the detainee. The significance of professional lawyers lies in making full use of these channels at the right time. Henglue Law Firm advises families to stay calm, cooperate in accordance with laws and regulations, entrust professional matters to lawyers, and never believe in so-called promises of bailing people out or trying to smooth things over privately. Otherwise, it may put the detainee in a more unfavorable situation.

This case is handled by Beijing Henglu Law Firm.Shang JiangpengThe attorney (practice certificate number: 111012023105807, subject to the certificate issued by the judicial administrative organ) acts as the agent.

VI. Frequently Asked Questions

Q1: What can a lawyer do first after criminal detention?

Defence lawyers can legally intervene at the investigation stage. With their lawyer's practice certificate, a certificate from the law firm, and a power of attorney (or a legal aid letter), they can visit the detention center to meet with the client, understand the suspected crime, the time of being subject to compulsory measures, and the case-handling authority, explain the client's legal rights and the litigation process, calm their emotions, and guide them on how to respond calmly to interrogations. Lawyers will also communicate with the family about the boundaries of the case, relay non-case-related matters on their behalf, and assess whether they meet the conditions to apply for bail pending trial or file appeals and complaints. The earlier the meeting takes place, the better it can prevent the client from making unfavorable statements due to a lack of understanding of the procedures, and the earlier it can present mitigating circumstances to the case-handling authority.

Q2: If a lawyer gets involved, will it be considered as colluding with the defendant or interfering with the case investigation?

No. It is a legitimate right granted by the Criminal Procedure Law for defense lawyers to meet with clients, understand the case, and provide legal assistance. This is fundamentally different from colluding with clients to fabricate evidence or interfere with witness testimony. During the meeting, lawyers are not allowed to help clients falsify evidence, collude with clients, or transmit prohibited items. They can only safeguard the clients' legitimate rights within the legal framework. Case-handling organs should guarantee lawyers' lawful practice, and it is a statutory principle that lawyers' meetings should not be monitored. Some families worry that hiring a lawyer will exacerbate conflicts, but in fact, timely and standard legal intervention can help clarify the facts, avoid procedural violations, and it is the right choice to entrust professional matters to lawyers.

Q3: Can lawyers help clients apply for bail pending trial?

Yes. According to Article 67 of the Criminal Procedure Law of the People's Republic of China, the people's courts, people's procuratorates, and public security organs may grant bail to criminal suspects who may be sentenced to control, detention, or independently apply additional punishments, or who may be sentenced to fixed-term imprisonment or above but do not pose a danger to society if they are granted bail pending trial. Lawyers will prepare bail applications or legal opinions based on the circumstances of the case, demonstrating the nature of the crime, the circumstances of the case, the attitude towards admitting guilt, and the danger to society, and cooperate with the family to provide a guarantor or a deposit if the conditions are met. Whether to approve the bail application is decided by the case-handling organ. The value of lawyers lies in systematically presenting the mitigating circumstances that should be considered according to the law, rather than making promises about the outcome. If the suspect is arrested, they can subsequently apply for a review of the necessity of detention in accordance with the law.

Q4: When is the best time to hire a lawyer after being detained?

The so-called golden rescue period usually lasts about 37 days: If the public security organ considers it necessary to arrest the suspect after detention, it shall generally submit the case to the procuratorate for review and approval within three days. Under special circumstances, the period may be extended by one to four days. For major suspects who commit crimes in a roving manner, repeatedly, or in gangs, the period may be extended to 30 days. The procuratorate shall make a decision within seven days, with a total maximum period of 37 days. Before applying for arrest approval, during the review period of the arrest approval, and after the arrest approval, applying for a review of the necessity of detention are all key points for striving for non-arrest and changing the compulsory measures. It is recommended that the family members entrust a lawyer as soon as possible after receiving the detention notice, and not wait until the deadline is approaching to take action. The earlier the lawyer gets involved, the more conducive it is to fixing favorable circumstances and submitting legal opinions.

Q5: What can family members do and what can't they do during the detention period?

What family members can do is: verify the alleged charges on the detention notice and the case-handling authority and detention location as soon as possible, entrust a regular lawyer to intervene, cooperate with the lawyer to collect materials favorable to the client (such as a certificate of first-time offender, a letter of understanding, and a certificate of physical health), and send necessary living expenses through legal channels. What they cannot do is: attempt to privately bribe officials, transmit case-related information, or destroy evidence, as these actions may themselves be suspected of being illegal; nor should they easily believe promises of bribing officials to secure a release. Entrusting professional matters to lawyers and maintaining stability and cooperating in accordance with the law are the most practical help to the client and also the bottom line to avoid violating legal red lines themselves.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

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 Shang Jiangpeng·Beijing Henglue Law Firm