[Direct answer]In the Beijing area, during the review and prosecution stage, defense attorneys enjoy multiple litigation rights in accordance with the law. According to the relevant provisions of the Criminal Procedure Law of the People's Republic of China, defense attorneys may review, excerpt, and copy the case file materials; may meet and communicate with the detained criminal suspects; may collect materials related to the case from witnesses or other relevant units and individuals, and may also apply to the people's procuratorate to collect and retrieve evidence; and may present materials and opinions that the criminal suspects are not guilty, are guilty of a lesser crime, or should be given a mitigated or exempted criminal responsibility. It is recommended that family members hire lawyers to get involved in the case as soon as possible after the case is transferred for review and prosecution. For more details, please refer to the following link:Criminal defense and criminal case filing services.

1. Problem background and typical scenarios

When a case moves from investigation to review and prosecution, it becomes a critical window for defense efforts. Typical scenarios include: family members anxiously waiting after the public security organ reports the case for arrest, but not knowing what lawyers can do during the procuratorial stage; suspects who have objections to the determination of the charge and hope that lawyers can submit legal opinions to the procuratorial organ; and defense attorneys who find evidence flaws in the investigation file and need to strive for non-arrest or non-prosecution before prosecution. Many clients mistakenly believe that review and prosecution are just a formality, and only hire lawyers when the court holds a hearing, missing the opportunity to change the nature of the charge during the prosecution stage. For cases involving subsequent trial preparations, lawyers can provide assistance accordingly.Special services and other case servicesCoordinate; for cases involving changes to coercive measures, reference may be made to the relevant provisions.Criminal defense and criminal case filing servicesThe bail pending trial process in China.

II. Key points of dispute

The disputes over the exercise of rights in this stage focus on three points. Firstly, the scope of reviewing case files: defense lawyers can review the case files from the date of case review and prosecution, but the parts involving confidentiality and personal privacy are restricted. In practice, there are sometimes incomplete materials transferred. Secondly, the right to collect evidence: lawyers can collect relevant materials on their own, but they are not allowed to mislead or induce witnesses. For the key evidence held by the prosecution, they often rely on applying to the procuratorate to retrieve it. Thirdly, the adoption of opinions: whether the procuratorate adopts the opinions submitted by lawyers on not arresting, not prosecuting, or changing the charges depends on the evidence and discretion. The disputes also concern the smoothness of meeting and communication, and the cooperation of detention centers and other procedural safeguards. For those involving evidence rules, reference can be made to relevant provisions.Business and contract dispute resolution services for enterprisesThe reasoning behind the evidence presented in the article.

III. Professional analysis by Henglue Law Firm

Based on practical experience in handling criminal cases, the most overlooked aspect during the review and prosecution stage is the "evidence of innocence in the case file". Henglue Lawyers have found that the investigation file often contains details favorable to the suspects: inconsistent reporting times, unverified key witnesses, procedural flaws in appraisal opinions, and inconsistent calculation methods for amounts, which only become apparent after a thorough review of the case file. According to the Criminal Procedure Law, defense lawyers have the right to copy all publicly available case files during this stage and submit written defense opinions to the procuratorate based on them, striving for discretionary non-prosecution, statutory non-prosecution, or a change in the charge. In practice, lawyers will also submit applications to the procuratorate for changes in the necessity of detention, paving the way for lenient handling in the future. The value of professional intervention lies in clarifying favorable facts and pointing out procedural violations at the "critical juncture" of prosecution, rather than waiting until the court to respond hastily.

IV. Practical Suggestions and Legal Basis

The core basis is Article 33 and Articles 37 to 40 of the Criminal Procedure Law of the People's Republic of China (adopted on July 1, 1979, first amended on March 17, 1996, second amended on March 14, 2012, and third amended on October 26, 2018) regarding defense and agency, reviewing case files, meeting and communicating with clients, and investigating and collecting evidence; and the relevant provisions of the Rules of Criminal Procedure of the People's Procuratorate regarding review and prosecution, returning cases for supplementary investigation, and non-prosecution. Practical suggestions: After the case is transferred for review and prosecution, hire a lawyer as soon as possible, review the case files and prepare an evidence list at the first time; submit written opinions to the procuratorate in a timely manner regarding favorable clues; apply for evidence that needs to be supplementarily obtained in accordance with the law; and simultaneously assess the necessity of detention and sentencing circumstances. If the rights are infringed, relevant countermeasures can be taken in combination with the actual situation.Special services and other case services.

5. Henglue Law Firm's Advice

The review and prosecution stage is a highly cost-effective window for defense, but it is often missed by clients. Three reminders: First, it's better to hire a lawyer as early as possible, as reviewing the case file early can influence the prosecution decision; Second, truthfully tell the lawyer what happened. Concealing the truth will weaken the defense; Third, rationally view the probability of non-prosecution. The lawyer's opinion is a professional effort to fight for the client's rights, not a promise of the outcome. If you find that the evidence collection process is illegal or that favorable facts have not been recorded, you should ask the lawyer to document them and argue based on the facts. Never contact witnesses or collude with them without the lawyer's guidance, so as to avoid putting yourself at risk of obstruction of justice. If you need assistance, you can consult a professional criminal defense lawyer as soon as possible.

VI. Frequently Asked Questions

Q1: If I hire a lawyer during the review and prosecution stage, can I successfully persuade the prosecutor not to file charges against me?

It's possible, but it depends on the facts and evidence. At this stage, defense lawyers can provide legal opinions on statutory non-prosecution, discretionary non-prosecution, or insufficient evidence for non-prosecution. If the crime is relatively minor, poses little harm, or involves circumstances such as voluntary surrender, meritorious service, accomplice, restitution and understanding, the procuratorate may make a decision not to prosecute according to law. The role of lawyers is to identify favorable points through a thorough review of the case files, submit written opinions to the procuratorate and communicate with them in a timely manner to increase the likelihood of non-prosecution. However, it should be noted that non-prosecution is a decision made by the procuratorial organ according to law, and lawyers can only strive for it professionally but cannot guarantee that non-prosecution will definitely occur. It is recommended to entrust a lawyer as soon as possible to seize the golden communication period before prosecution.

Q2: What procedures and materials are required for lawyers to review case files and collect evidence during the review and prosecution stage?

From the date of case review and prosecution, lawyers may, with their practice certificates, certificates of law firms, and power of attorney or legal aid letters, access the case files at the procuratorate and copy the case materials without additional approval in general. When conducting self-investigation and evidence collection, lawyers may collect materials related to the case from relevant units and individuals, but shall not coerce or induce them; for key evidence held by the prosecution but unavailable to lawyers, lawyers may apply in writing to the procuratorate for collection and retrieval. The families of the suspects shall cooperate in providing clues such as the suspect's statements, contracts, account books, and communication records to help lawyers determine the direction of evidence collection. Only when all formalities are in place and the direction is clear, can lawyers exercise their rights smoothly and efficiently.

Q3: How much does it cost to hire a defense lawyer during the review and prosecution stage?

The fees are usually charged in stages or for the entire process. For cases where legal representation is only required during the prosecution stage, the fees are relatively lower than for full-process defense; if it includes investigation, first-instance trial, and second-instance trial, the total price will be higher. The specific amount is related to the complexity of the case, the suspected crime, and the workload, subject to the contractual agreement, and there is no unified government pricing. Compared with intervening hastily during the trial stage, hiring a lawyer during the prosecution stage is often more cost-effective, as lawyers can influence the prosecution decision in advance. It is recommended to clarify the fees and scope of each stage with the law firm before hiring a lawyer, and to determine the range of legal representation based on the development of the case.

Q4: How long does the review and prosecution stage typically last?

The statutory time limit for review and prosecution is generally one month, and it can be extended by 15 days for major and complex cases. If the suspect pleads guilty and accepts the punishment and meets the conditions for fast trial, it can be shortened to 10 or 15 days. If the procuratorate deems it necessary to conduct supplementary investigation, it may return the case to the public security organ for investigation, with each period being one month and limited to two times. After the supplementary investigation is completed, the time limit will be recalculated. Therefore, the actual duration ranges from more than 10 days to several months. The earlier lawyers get involved, the more likely they are to complete the review of the case and submit their opinions before the first time limit expires. It is recommended that family members pay attention to the time limit to avoid missing the window for submitting key opinions.

Q5: What exactly should family members do in the first step of the review and prosecution stage?

It is recommended to follow four steps: First, confirm whether the case has been transferred to the procuratorate, and inquire with the case-handling authority or a lawyer about the procuratorate in charge and the case number; Second, as soon as possible, hire a lawyer with criminal defense experience, sign a power of attorney, and go through the procedures of reviewing the case file; Third, provide the lawyer with truthful and complete facts and clues of evidence favorable to the suspect, without concealment or exaggeration; Fourth, cooperate with the lawyer to formulate a strategy for each stage, whether to strive for a non-prosecution decision, change the charge, or prepare for the trial, and submit written defense opinions on time. Never contact co-defendants or interfere with witnesses on your own, so as to avoid violating the law. Throughout the entire process, proceed in a legal and professional manner.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

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·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.