[Direct answer]In the Beijing area, during the stage of the procuratorate reviewing and approving the arrest, lawyers can legally submit legal opinions to the procuratorial organ against the arrest, and argue around the social dangerousness, the evidence of the crime facts, and the necessity of detention, in order to strive for the non-approval of the arrest or the change of the compulsory measures. According to Article 88 of the Criminal Procedure Law of the People's Republic of China, the people's procuratorate may interrogate the criminal suspect and listen to the opinions of the defense lawyer when reviewing and approving the arrest. Early involvement of lawyers can help influence the decision on the approval of the arrest during the golden period. For more details, please refer to the following link:Criminal defense and criminal case filing services.

1. Problem background and typical scenarios

The review of the arrest is a crucial stage in criminal litigation. After the public security organ submits the application for arrest, the procuratorate generally makes a decision within seven days. Many families mistakenly believe that lawyers cannot do much before the arrest is approved, thus missing the opportunity to intervene. Typical scenarios include: after the family member is detained in custody, the family anxiously waits before and after the application for arrest; the lawyer has not yet met with the detainee and is unable to submit effective opinions to the procuratorate; and due to not understanding the conditions for arrest, they fail to provide proof materials showing that there is no social danger in time. Whether the arrest is approved or not directly affects the subsequent coercive measures and the direction of the case. For cases involving coercive measures, the following can be considered:Special services and other case servicesFor matters involving subsequent execution, you may refer to the following for reference.Creditor-debtor relations and enforcement case services.

II. Key points of contention

There are three controversial aspects of lawyers' work before approval of arrest. Firstly, the conditions for arrest: According to Article 81 of the Criminal Procedure Law, those who have evidence to prove that there are criminal facts and are likely to be sentenced to imprisonment or more, and whose bail is not sufficient to prevent social dangerousness, shall be arrested; lawyers focus on the element of social dangerousness. Secondly, the effectiveness of opinions: defense opinions must be specific and based on evidence, and general requests are difficult to be accepted. Thirdly, the time window: from the request for approval of arrest to the decision, there are only seven days, and lawyers must complete the meeting and the submission of opinions before the decision is made. The controversy also lies in the connection of the review of the necessity of detention after arrest. For issues involving rights protection, reference can be made to the relevant provisions of the Criminal Procedure Law and other legal documents.Criminal defense and criminal case filing services.

III. Professional analysis by Henglue Lawyers

Based on practical experience in handling criminal cases, the pre-arrest stage is a golden opportunity for defense. Lawyers' roles focus on three aspects. First, meeting with the client in a timely manner to verify the case process, the content of the confession, and the facts involved in the case, and judging whether there are mitigating circumstances such as voluntary surrender, accomplice, or attempted crime; Second, retrieving or organizing materials proving the absence of social danger, such as fixed residence, unit certificates, family support obligations, first-time offenders, and repeat offenders; Third, drafting and submitting legal opinions against arrest, focusing on whether the evidence is sufficient, whether the social danger truly exists, and whether there are alternative coercive measures. Henglue Lawyers usually complete the meeting and opinion submission within seven days, and communicate with the handling prosecutor to strive to influence the conclusion before the decision is made. For cases involving evidence sorting, they can seek assistance from relevant departments.Business and contract dispute services for enterprisesThe organization of evidence in the text.

IV. Practical suggestions and legal basis

The core basis is Article 81 (conditions for arrest), Article 88 (hearing lawyers' opinions in reviewing and approving arrests), 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 on reviewing arrests and hearing opinions and interrogations in the Rules of Criminal Procedure of the People's Procuratorate. Practical suggestions: After being detained in criminal custody, hire a lawyer as soon as possible and complete the meeting before and after requesting approval of arrest; prepare supporting materials item by item regarding social dangerousness; submit legal opinions against arrest and actively communicate with relevant parties; if the arrest has already been approved, you can subsequently apply for a review of the necessity of detention to seek a change in the detention measure. For matters involving procedural rights, you can refer to the relevant provisions.Criminal defense and criminal case filing services.

5. Henglue Law Firm's Reminder

The seven days prior to formal arrest are a critical period. Whether a lawyer can intervene and submit opinions before a decision is made often determines the direction of the coercive measures. Family members should not wait passively. They should hire a lawyer to meet with the detainee and prepare opinions immediately after the detention. The materials submitted must be true, and no forged evidence or clues indicating no social danger should be provided, otherwise it may backfire. Even if the detainee is not formally arrested, the case may still continue to be investigated, so continued cooperation with the defense is necessary. For major cases, it is recommended to simultaneously evaluate the necessity of detention after arrest. If assistance is needed, professional criminal lawyers should be consulted as soon as possible.

VI. Frequently Asked Questions

Q1: If a lawyer is hired before the procuratorate approves the arrest, can it really affect the decision not to approve the arrest?

It's possible. The decision to approve the arrest depends on whether there is evidence to prove the facts of the crime, the possibility of sentencing to imprisonment or more severe punishment, and whether the suspect poses a social danger. During the seven-day review period, lawyers submit legal opinions against arrest, arguing whether the evidence is sufficient, whether the social danger truly exists, and whether there are alternative measures such as bail, which may influence the prosecutor's judgment. However, lawyers cannot guarantee that the arrest will not be approved. The outcome will still be determined by the facts of the case and the law. The value of professional intervention lies in fully presenting the statutory leniency and the circumstances of no danger, and increasing the possibility of non-arrest.

Q2: If a lawyer intervenes before the formal arrest, what materials do I need to prepare?

The core materials include: the detention notice, information about the case-handling organ and the detention facility; the suspect's basic information, proof of fixed residence and work unit; materials that can prove the lack of social danger, such as family dependents, medical certificates, first-time offenders or occasional offenders, compensation and apologies, etc.; and the process of appearing in court and known facts. The lawyer will meet to verify and organize opinions based on these materials. The more specific the materials are, the more solid the argumentation will be. It is recommended that family members sort out the materials as soon as possible after the criminal detention to leave time for the lawyer to submit opinions before the decision on approval of arrest is made.

Q3: How much does it usually cost to hire a lawyer before formal arrest?

The market-regulated fees lack a unified standard and are typically charged in stages. Pre-arrest defense (including meetings and submitting opinions against arrest) is generally less expensive than full-process defense. The specific fees shall be negotiated between the law firm and the client and be subject to the retainer contract. If the client continues to retain the lawyer for the review and prosecution and trial stages, they can agree on the fees for each stage or package discounts in advance. It is recommended to clarify the scope of services and whether travel expenses are included before retaining the lawyer. For those who genuinely face financial difficulties, they can consult legal aid channels and prioritize using the budget for submitting opinions at critical junctures.

Q4: Generally, how long does it take for a lawyer to get involved in the process from criminal detention to the decision to approve arrest?

The public security organ shall, in general, apply for approval of arrest within three days after detention if it considers the detainee needs to be arrested. In special circumstances, the period may be extended by one to four days, and in the case of multiple crimes committed in gangs, it may be extended to 30 days. The procuratorate shall make a decision within seven days. Therefore, lawyers can actually intervene in the window period of several days to about 10 days, and the window period in the case of multiple crimes may reach more than 30 days. The key is to complete the meeting and the submission of opinions before the procuratorate makes a decision. It is recommended to entrust a lawyer immediately after criminal detention to avoid making up for it when the window period is closed.

Q5: My family member has been detained by the police and I'm worried that they might be formally arrested. What should I do first?

It is recommended to follow four steps: First, obtain the detention notice and confirm the case-handling organ, the suspected crime, and the detention facility; Second, hire a professional criminal lawyer as soon as possible and complete the meeting and verification of the case before applying for approval of arrest; Third, assist the lawyer in collecting materials showing no social danger, such as proof of residence, workplace, family support, and mitigating circumstances; Fourth, have the lawyer draft and submit a legal opinion opposing arrest and actively communicate with the handling prosecutor. Throughout the process, we should adhere to legality and truthfulness, avoid forging materials, and strive to influence the decision on approval of arrest during the golden period.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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 Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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.