[Direct answer]In the Beijing area, criminal defense services cover the entire process from investigation, review and prosecution to trial and execution, and the types of cases cover all crimes stipulated in the Criminal Law of the People's Republic of China. According to Article 33 of the Criminal Procedure Law of the People's Republic of China, suspects and defendants have the right to engage defense attorneys, and lawyers can intervene to provide legal assistance at the investigation stage. Common areas include infringement of personal rights (such as intentional injury, intentional homicide), infringement of property (theft, fraud, robbery), interference with social management order (picking quarrels and provoking trouble, running gambling houses, disseminating obscene materials), graft and bribery, economic crimes, and official crimes. Whether to hire a lawyer and when to intervene should be consulted with a professional lawyer as soon as possible. For more details, please refer to the following link:Criminal defense and legal services for criminal case filing.
1. Problem background and typical scenarios
The parties often ask, "What kind of cases do criminal lawyers handle?" In practice, criminal defense lawyers can intervene in all criminal cases involving prosecution by public security organs or procuratorial organs. Typical scenarios include: family members being detained for intentional injury or provoking trouble; online crimes such as suspected running of gambling houses or dissemination of obscene materials; company operators involved in contract fraud or fraudulent issuance of VAT invoices; public officials involved in official crimes; and when the victim needs representation in criminal incidental civil litigation. Criminal cases involve personal freedom and major property, and there is professional defense space at all stages. For cases involving the determination of personal injury, lawyers can provide legal advice based on the specific circumstances of the case.Personal injury and medical dispute servicesCoordinate and plan everything in an organized and efficient manner to ensure that all tasks are completed on time and within budget.
II. Key points of dispute
The disputes and misconceptions in criminal litigation focus on three aspects. Firstly, the timing of intervention: many people mistakenly believe that "only hiring a lawyer during the trial is appropriate", but in reality, lawyers can meet with clients, apply for bail, and put forward opinions during the investigation stage, especially in the golden rescue period. Secondly, the scope of practice: criminal defense is not limited to courtroom proceedings, but also includes review of the necessity of detention, defense against non-prosecution, sentencing defense, and appeals for retrial. Thirdly, the boundaries of charges: the same act may involve different charges (such as driving into people involving intentional homicide or endangering public safety), and the determination of the nature of the crime directly affects the sentencing, which requires professional judgment. For corporate crimes, you can refer to the relevant provisions.Business and contract dispute resolution services for enterprisesClarify the nature of the issue.
III. Professional analysis by Henglue Lawyers
The defense of intentional injury cases handled by our firm demonstrates the value of intervening in the investigation stage. A certain person was detained and approved for arrest for suspected intentional injury and was held in a detention center. The family entrusted lawyer Lu Xiaoxue of Beijing Henglu Law Firm to apply for a review of the necessity of detention more than 37 days after the "golden period", focusing on the defendant's confession of guilt and remorse, obtaining the victim's forgiveness, being a first-time offender, and demonstrating no social danger. Ultimately, the procuratorial organ changed the coercive measures to bail pending trial, and the client regained his freedom. This case was 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.
IV. Practical suggestions and legal basis
According to Article 33 (Right to Defense), Article 34 (Appointment of Defense Counsel), Article 97 (Application for Bail Pending Trial), and Article 95 (Review of the Necessity of Detention) of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018); and the provisions of the Criminal Law (amended and implemented on March 1, 2021) regarding the constitutive elements and sentencing of various crimes. Practical suggestions: Once involved or implicated in a case, it is advisable to engage a lawyer as soon as possible for meetings and communication; create conditions suitable for bail during the investigation stage; promptly put forward defense opinions on the nature of the charges and the defects of the evidence; and the victim may file a concurrent civil action to claim compensation. For cases involving cybercrime, relevant evidence can be collected and analyzed in combination with the specific circumstances of the case.Special services and other case-related servicesEvaluation.
5. Henglue Law Firm's Reminder
Criminal defense covers the entire process and all charges, and it's not just for use during trials. After a family member is subject to coercive measures, promptly hiring a lawyer to meet with them, understand the case, apply for bail, or request a review of the necessity of detention often determines the subsequent course of the case. The defense strategies for different charges vary greatly, so it's important to choose a team with corresponding experience. Never believe in connections or promises of guaranteed victory. The outcome of the case depends on the facts, evidence, and the law. If you need to assess the direction of the case, you can seek help from professionals in this field.Beijing Henglu Law FirmWith the professional support of our lawyers, we will formulate a defense strategy as soon as possible.
VI. Frequently Asked Questions
Q1: My family is in a similar situation. Can a criminal lawyer's defense help us achieve a favorable outcome?
The success of a criminal case depends on multiple factors such as evidence, legal characterization, circumstances, and procedures. Lawyers cannot and should not promise specific outcomes. However, professional intervention can indeed significantly influence the outcome: for example, applying for bail pending trial during the investigation stage, conducting a review of the necessity of detention, raising objections to the legal characterization of the crime, striving for a non-prosecution decision during the review and prosecution stage, and providing sentencing defense during the trial stage. In this case, the client was granted bail after the approval of the arrest warrant, which was the result of professional argumentation. It is recommended to engage a lawyer as soon as possible to evaluate the case and assess the potential for success, view the outcome rationally, and be wary of unrealistic promises of victory.
Q2: At what stage can I hire a criminal defense lawyer, and what materials are required?
Suspects and defendants may appoint defense lawyers at all stages of investigation, review of prosecution, and trial; they may appoint lawyers from the day they are first interrogated or subjected to compulsory measures. The materials required for appointment include: the client's identity certificate, proof of kinship with the suspect (such as a household registration booklet), a letter from the law firm, and a power of attorney, as well as basic case clues. Lawyers can meet with clients in accordance with the law by presenting their practice certificates, firm certificates, and power of attorneys, and their meetings will not be monitored. It is recommended that family members handle the appointment as soon as possible after learning that compulsory measures have been taken, seize the "golden 37-day" rescue period, and meet and communicate with clients as early as possible.
Q3: How much does it cost to hire a lawyer for criminal defense?
The fees for criminal defense are charged in accordance with the relevant provisions of the "Measures for the Administration of Lawyer Service Fees". They are calculated on a per-stage basis (investigation, review of prosecution, trial) or on a lump-sum or hourly basis. The specific fees are negotiated between the law firm and the client and specified in the contract. There is no unified national standard for these fees. Criminal litigation prohibits contingency fees (fees based on the outcome of the case), and people who solicit clients in this way should be vigilant. The fees also depend on the complexity of the charges, the workload, and whether the case is handled across different regions. It is recommended to ask the law firm to provide a detailed breakdown of the fees and the scope of each stage before entrusting them with the case, and to clarify whether third-party expenses such as travel costs are included. This can help avoid being charged additional fees after being lured in with low prices, and make a more rational decision after comparing the options.
Q4: How long does criminal defense usually take?
The duration of criminal cases is relatively long: The detention period in the investigation stage is related to the progress of the case, and it is generally two months after the arrest (which can be extended according to the law); the review and prosecution usually takes one and a half months (which can be extended through review); the ordinary procedure of the first instance takes two months and no more than three months, and the second instance generally takes two months. If appraisal, review, appeal, or remand for retrial are needed, the overall process can last up to a year or even longer. Bail pending trial, non-prosecution, or sentencing to actual imprisonment will all affect the pace of the case. Overall, it often takes several months to several years from the filing of the case to the final review. It is recommended that lawyers continuously follow up at key junctions (such as review of arrest and prosecution) to enhance the effectiveness of defense at each stage.
Q5: My family member has been detained. What should I do first?
After family members are detained, it is recommended to follow four steps: First, stay calm and promptly inquire with the case-handling authority about the suspected crime, the detention location, and the case-handling unit; Second, immediately stop letting them handle the case on their own and hire a criminal defense lawyer as soon as possible to meet with them through formal procedures to understand the real circumstances of the case and their demands; Third, cooperate with the lawyer to collect evidence favorable to the client, such as alibis, letters of understanding, and health materials, and strive for bail or a review of the necessity of detention within the "golden 37 days"; Fourth, do not destroy or falsify evidence or collude with others to avoid aggravating their responsibilities. Throughout the entire process, communicate with the lawyer in accordance with the law to maximally safeguard the client's legitimate rights and interests.
The above Q&A is mainly based on the judicial practice in Beijing. 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 limits.Criminal defense legal services·Beijing Henglue Law Firm
Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.