[Direct answer]The complete process of criminal defense is generally divided into three stages: investigation, review and prosecution, and trial. In the investigation stage, lawyers can meet with clients, understand the case, and apply for bail; in the review and prosecution stage, they can review the case files, submit defense opinions, and strive for non-prosecution or lenient prosecution; in the trial stage, they can attend court hearings to defend clients, cross-examine witnesses, and participate in debates. According to Articles 34, 40, and 187 of the Criminal Procedure Law of the People's Republic of China, lawyers can intervene in the investigation stage. The focus of each stage is different, and the earlier the lawyer is engaged, the more beneficial it is to fix favorable circumstances. For more details, please refer to the following link:Criminal defense and legal services for criminal case filingAndBeijing Henglu Law Firm.

1. Problem background and typical scenarios

For ordinary families encountering criminal cases for the first time, they often don't understand the specific steps of the process and what lawyers can do at each stage. Typical scenarios include: family members being eager to know the suspected charges and the detention location during the investigation stage; after the case is transferred to the procuratorate, they are concerned about whether they can review the case file and strive for non-prosecution; after entering the trial stage, they are concerned about the court hearing process and sentencing defense; and after the verdict, they are concerned about appeals and enforcement. A blurry understanding of the process can easily lead to missing the opportunity to hire a lawyer at critical junctures and losing review opportunities and communication opportunities during the review and prosecution stage. Understanding the division of labor in the three stages can help clients grasp the initiative in each link and entrust professional matters to lawyers for handling.

II. Key points of dispute

  • Timing of intervention: Some family members mistakenly believe that they only need a lawyer when the trial begins, but in fact, the meetings and review of case files during the investigation and review and prosecution stages often determine the subsequent course of the case.
  • Phase transition: The mitigating circumstances and evidence doubts that were overlooked in the previous phase will be magnified in the subsequent phase. Process control is a prerequisite for ensuring the quality of the defense.
  • Service boundaries: Whether meetings, reviewing documents, bail applications, and court appearances at different stages are included should be clearly stated in the power of attorney contract to avoid misunderstandings.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm understands that the true value of the process lies in controlling key stages. The core of the investigation stage is to seize time — identifying favorable evidence within the 37-day golden rescue period; the core of the review and prosecution stage is to review the case files and communicate with the prosecutor — identifying evidence gaps and sentencing factors, and discussing the possibility of non-prosecution or lenient/suspended prosecution with the prosecutor; the core of the trial stage is the adversarial courtroom debate — cross-examination, exclusion of illegal evidence, and sentencing defense. Any improper handling of any of the three key stages will lead to adverse consequences downstream. The firm's lawyers emphasize good communication with case-handling authorities and the standardization of written opinions at all stages, and relevant procedures can also be combined accordingly.Special services and other case servicesCoordinate and refer to it for referenceCreditor-debtor relations and enforcement case servicesAnticipate the follow-up issues regarding property-related criminal penalties and the execution of restitution orders.

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 the right to defense during the investigation stage; Article 40 stipulates the right to review the case file during the review and prosecution stage; Article 187 stipulates that the court shall guarantee the defense attorney's right to review the case file and attend the trial before the court hearing, and may resolve procedural issues such as jurisdiction, recusal, and evidence exclusion at the pre-trial conference. At the practical advice level: Hire a lawyer to participate in the investigation stage as soon as you receive the detention notice, and don't pin your hopes on the court hearing; during the review and prosecution stage, be sure to review the case file and submit written opinions; during the trial stage, pay attention to the connection between cross-examination and sentencing defense. For cases involving personal injury, the evaluation of the injury and the compensation and settlement can be combined with other procedures.Personal injury and medical dispute servicesPromote understanding and sentencing defense, and create conditions for changing coercive measures.

5. Henglue Law Firm's Reminder

The understanding of the entire process determines the quality of the choices made by the parties at each stage. Henglue Law Firm advises: upon receiving the detention notice, immediately engage a lawyer to participate in the investigation stage, rather than pinning all hopes on the court hearing; during the review and prosecution stage, it is essential to review the case file and submit written opinions; and during the trial stage, focus on the connection between cross-examination and sentencing defense. The earlier the intervention in the process, the greater the room for negotiation, and the more solid the defense in subsequent stages will be. It is crucial not to miss out on remedial opportunities due to misjudging the timing of key stages.

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

VI. Frequently Asked Questions

Q1: What are the different stages of criminal defense?

It is usually divided into three stages. The first stage is the investigation stage, from the filing of a case, criminal detention to the application for approval of arrest and the execution of arrest. Lawyers can legally meet with the suspect, understand the suspected charges, represent them in appeals and complaints, and apply for changes in coercive measures. The second stage is the review and prosecution stage. After the case is transferred to the People's Procuratorate, lawyers can review, excerpt, and copy case materials, and submit defense opinions to the procuratorate for non-prosecution or light prosecution. The third stage is the trial stage, including first-instance, second-instance, and retrial. Lawyers attend the court to cross-examine and debate, and conduct defense around the facts, evidence, application of law, and sentencing. The three stages are progressive and interconnected. The earlier lawyers get involved, the greater the scope of their role, and it is often difficult to make up for missed opportunities.

Q2: Is it really useful to hire a lawyer during the investigation stage?

It's useful and crucial. According to Article 34 of the Criminal Procedure Law of the People's Republic of China, a criminal suspect has the right to appoint a defense attorney from the date of his/her first interrogation or the adoption of coercive measures by the investigative organ, and the investigative organ shall inform him/her of this right during the first interrogation. A defense attorney can meet with the suspect by presenting three certificates. Although lawyers cannot review the case files during the investigation stage, they can understand the case situation through meetings, stabilize the suspect's emotions, prevent unfavorable statements, and submit bail applications or legal opinions based on the threshold of criminality and social dangerousness. Taking an intentional injury case handled by our firm as an example, after the suspect was approved for arrest, the lawyer legally applied for a review of the necessity of detention. Based on the arguments of the suspect's confession and repentance, obtaining the victim's forgiveness, being a first-time or occasional offender, and having no social dangerousness, the procuratorial organ ultimately determined that there was no necessity to continue detention and changed the coercive measures to bail pending trial. It can be seen that early intervention directly affects the direction of coercive measures.

Q3: Can lawyers review the case files during the review and prosecution stage?

Yes. According to Article 40 of the Criminal Procedure Law of the People's Republic of China, defense lawyers may review, excerpt, and copy the case file materials from the day the people's procuratorate reviews and prosecutes the case. Reviewing the case file is the cornerstone of defense during the review and prosecution stage: lawyers can identify evidence contradictions, clues of illegal evidence collection, and mitigating circumstances by checking physical evidence, documentary evidence, witness statements, appraisal opinions, and interrogation transcripts, and then submit defense opinions or apply for the exclusion of illegal evidence based on this. Family members cannot review the case file, but they can provide lawyers with background materials favorable to the client. It is recommended to hire a lawyer as early as possible during this stage to avoid missing the critical window for communicating with prosecutors about non-prosecution, guilty pleas, and lenient sentencing proposals, so that favorable circumstances can be taken into account during the prosecution process.

Q4: What is the main task of the defense during the trial stage?

During the trial phase, the defense focuses on two aspects: conviction and sentencing. Regarding conviction, lawyers challenge the authenticity, legality, and relevance of evidence through cross-examination in court, apply to exclude illegal evidence, and argue that the facts are unclear, the evidence is insufficient, or the defendant's actions do not constitute the charged crime. Regarding sentencing, lawyers argue for leniency based on circumstances such as voluntary surrender, meritorious service, accomplice status, confession, guilty plea, compensation and reconciliation, and subjective malice. According to Article 187 of the Criminal Procedure Law of the People's Republic of China, after the court determines the date of the trial, it shall guarantee the defense attorneys' rights to review the case files and attend the trial. Lawyers will also resolve procedural issues such as jurisdiction, recusal, and evidence exclusion in pretrial conferences to focus the trial on key issues. After the verdict, lawyers may file an appeal as appropriate to continue the defense and ensure the consistency of claims at all stages.

Q5: Can I still hire a lawyer to defend me after the verdict takes effect?

Yes. After the judgment takes effect, remedies can still be sought through appeals and applications for retrial, which fall within the scope of judicial supervision procedures. Lawyers can submit appeal materials and provide evidence based on statutory grounds for retrial during the review stage of the retrial. In addition, there is an independent death penalty review procedure for death penalty cases. Lawyers can submit defense opinions and apply to present their opinions in person during the review stage. If there are issues such as sentence reduction or parole during the execution stage, lawyers can also provide legal assistance. It can be seen that criminal defense does not end with the conclusion of the trial. Professional intervention is also needed at subsequent remedy stages. It is recommended that families consult and evaluate at each stage in a timely manner to avoid giving up statutory rights due to insufficient understanding of the process.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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