[Direct answer]In the Beijing area, during the investigation stage, defense lawyers can legally meet with criminal suspects, understand the case, provide legal advice, represent them in appeals and complaints, apply for changes in coercive measures (such as bail pending trial), and submit defense opinions to the case-handling authorities. According to Articles 34 and 38 of the Criminal Procedure Law of the People's Republic of China, defense lawyers enjoy a number of rights beyond reviewing case files from the day the criminal suspect is first interrogated or subject to coercive measures, and their meetings are not monitored. Whether they can substantially influence the case depends on whether the lawyer intervenes as early as possible and whether they grasp the evidence and circumstances accurately. It is recommended that family members entrust lawyers to meet and communicate with the suspects within the "golden 37 days". 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 investigation stage is the starting point of a criminal case and also the golden window for defense. Typical scenarios include: the family member has just been detained in criminal custody, and the family doesn't know what they are suspected of or where they are detained; the lawyer fails to intervene in time, and key defenses and favorable circumstances are not recorded; missing the communication before the formal arrest application, resulting in greatly increased difficulties after the arrest; and the client makes unfavorable statements due to not understanding the law. Although lawyers cannot review all the case files in the investigation stage, meetings and communication can already stabilize the client's emotions, clarify the facts, guide them to respond correctly, and pave the way for subsequent bail and defense. For cases involving injury identification, it can be combined with other evidence to determine the truth of the injury.Personal injury and medical dispute servicesJudgment.

II. Key points of contention

There are three controversies and misunderstandings in the investigation stage. Firstly, the question of whether lawyers are "useful": Some family members believe that it's meaningless to hire a lawyer in the investigation stage, but in fact, lawyers' meetings can prevent coerced confessions, fix defenses, and timely detect illegal evidence collection. Secondly, the boundary of intervention: Lawyers cannot forge evidence or interfere with the investigation, but they can legally represent clients to file appeals and complaints, and apply for the exclusion of illegal evidence. Thirdly, the timing of bail: Many people wait until after the approval of the arrest warrant to take action, missing the best communication period before the review and approval of the arrest warrant. In practice, the 37 days before the arrest and the review and approval of the arrest warrant are the key to obtaining non-arrest. For the determination of the nature of the crime, you can refer to the relevant provisions.Business and contract dispute services for enterprisesClarification.

III. Professional analysis by Henglue Law Firm

The cases of intentional injury handled by our firm highlight the value of intervention in the investigation stage. A certain person was detained and arrested for suspected intentional injury and was held in a detention center. The family entrusted lawyer Lu Xiaoxue of Beijing Henglu Law Firm to handle the case. The lawyer met with the client several times and continuously communicated with the case-handling organ and the procuratorate. After the arrest, the lawyer still applied for a review of the necessity of detention according to law. Focusing on the client's admission of guilt and repentance, obtaining the victim's forgiveness, being a first-time offender or occasional offender, and proving the absence of social danger, the lawyer ultimately changed the coercive measure to bail pending trial. This case was handled by Beijing Henglu Law Firm.Lu XiaoxueThe attorney (practice certificate number: 11101202311685747, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

According to Article 34 (Commissioning Defense), Article 37 (Duties of Defense Attorneys), Article 38 (Right to Meet with Clients Without Being Monitored), 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); as well as the provisions on safeguarding lawyers' practice in the Regulations on the Procedures for Handling Criminal Cases by Public Security Organs. Practical suggestions: Immediately commission a lawyer after being subject to compulsory measures; truthfully state the facts and cooperate in clarifying the truth during lawyer meetings; promptly apply for the exclusion of illegal evidence; submit legal opinions against the approval of arrest before the review of arrest and simultaneously prepare materials for understanding and repentance. For cases involving cybercrime, relevant materials may be submitted concurrently.Special services and other case servicesDispose of it.

5. Henglue Law Firm's Reminder

When hiring a lawyer during the investigation stage, the key points are "early" and "accurate". Early: Hiring a lawyer immediately after the first interrogation or coercive measures to seize the 37-day rescue period; Accurate: The lawyer accurately assesses the evidence and circumstances, and submits well-founded defense opinions and bail applications to the case-handling authority. Never let the client bear the burden alone, nor rely on illegal means. The lawyer's duty is to safeguard the client's litigation rights in accordance with the law, rather than guaranteeing the outcome. If you need to intervene during the investigation stage, you can seek assistance from a lawyer.Beijing Henglue Law FirmWith professional support, we will systematically advance the process of meetings, communication, and applications.

VI. Frequently Asked Questions

Q1: If a lawyer gets involved in the investigation stage, can it really change the outcome?

The ability to intervene in the investigation stage to change the outcome does not depend on promises, but on whether the lawyer can grasp the case situation early and accurately. At this stage, lawyers can meet with the defendant to prepare a defense, discover illegal evidence collection, submit opinions against approval of arrest before reviewing the arrest, apply for bail pending trial, and review the necessity of detention. All of these may substantially affect whether the arrest is approved or whether the case will be prosecuted. In this case, the successful bail after the arrest stems from continuous professional arguments. However, lawyers cannot guarantee the outcome, and the direction of the case is ultimately determined by factual evidence and the law. It is recommended to hire a lawyer for assessment as soon as possible and be cautious of false winning arguments.

Q2: During the investigation stage, if I hire a lawyer, what do I need to prepare and provide?

During the investigation stage, when hiring a lawyer, the following documents are required: the client's identity certificate, proof of the client's relationship with the suspect, a letter from the law firm and a power of attorney, as well as the basic facts of the case known to the client (the suspected crime, the detention location, and the case-handling unit). Based on this information, the lawyer will meet with the client, understand the interrogation situation, and prepare a defense. Family members can also assist in collecting materials favorable to the client, such as alibi certificates, victim's letters of understanding, medical records or health certificates, and certificates of good conduct, etc., for the lawyer to assess the possibility of bail and defense. With a practicing certificate, a letter from the law firm, and a power of attorney, the lawyer can legally meet with the client. Generally, the meeting will be arranged within a few days after the client hires a lawyer, and the meeting will not be monitored.

Q3: What is the average fee charged by defense lawyers during the investigation stage?

During the investigation stage, defense fees are charged in accordance with the relevant provisions of the "Measures for the Administration of Lawyer Service Fees". They are usually calculated on a per-stage basis (investigation, review of the prosecution, trial) or as a lump sum or hourly fee package. The fees are negotiated between the law firm and the client and specified in the contract, with no unified national standards. Risk-based fees are strictly prohibited in criminal litigation, and caution should be exercised when accepting cases advertised with "fees based on the outcome". The fees are related to the charges, the workload, and whether the case involves cross-regional issues. It is recommended to request a detailed fee breakdown and stage-specific ranges before signing a contract, clarify who will bear third-party expenses such as travel costs, and avoid additional charges after accepting cases at low prices. Clients should make rational comparisons before making a decision.

Q4: How long does the investigation phase typically last, and when can we see the results?

The duration of the investigation phase is affected by coercive measures and the progress of the case: criminal detention generally lasts for three days, and in special circumstances, it can be extended to seven days. For cases involving fugitives, multiple offenses, or gang-related crimes, the detention period can be extended to 30 days. After the request for approval of arrest, the procuratorate makes a decision within seven days, which is commonly referred to as the "37-day period". After the approval of arrest, the investigation and detention generally lasts for two months, and the period can be extended according to law in complex cases. Lawyers' "effectiveness" is mainly reflected in the pre-arrest review (striving for non-arrest) and the post-arrest review (striving for bail based on the necessity of detention), rather than immediate results. Overall, it often takes several months from detention to review and prosecution. It is recommended that lawyers follow up on all stages of the process.

Q5: My family member has just been criminally detained. What should I do first?

My family member has just been detained by the police. Here are four steps of advice: First, learn about the suspected crime, the detention location, and the investigating unit as soon as possible through the case-handling organ or the notification letter, to avoid information gaps. 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 with proper authorization to stabilize their emotions and clarify the facts. Third, within 37 days, cooperate with the lawyer to prepare materials for refusing to approve the arrest and obtaining bail, such as letters of understanding, statements of repentance, and health certificates. Fourth, do not destroy or falsify evidence or collude with others. All communication should be conducted through the lawyer in accordance with the law to maximally protect the legitimate rights and interests of the client and their litigation rights.

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

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →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. If you encounter disputes, please consult a practicing lawyer in time.