[Direct answer]It plays a very important and irreplaceable role. According to Article 38 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018 and implemented on the same day), defense lawyers may provide legal assistance to criminal suspects during the investigation, file appeals and complaints on their behalf, apply for changes in compulsory measures, and obtain information about the suspected crimes and relevant cases from the investigative organs and put forward opinions. Article 39 clearly stipulates that when defense lawyers hold their practice certificates, certificates of law firms, and power of attorney to request a meeting, the detention centers shall arrange it in a timely manner and not later than 48 hours. The meeting can directly verify whether the case process and confession are voluntary, understand the suspected crimes and basic facts of the case, inform the legal rights and obligations, and provide first-hand factual basis for applying for bail pending trial, excluding illegal evidence, and reviewing the necessity of detention.

I. Problem background and typical scenarios

The investigation stage is the most opaque phase of the process: family members only know that the person has been taken away, but they don't know what questions were asked, what documents were signed, or the person's physical condition. The suspects are in an isolated environment, lacking understanding of their rights and the progress of the case, and are prone to making inconsistent statements during repeated interrogations. Common scenarios in practice include: suspects making statements inconsistent with the facts under coercion, which are difficult to rectify later; failing to secure evidence for key circumstances such as whether the suspect surrendered voluntarily or acted in self-defense; and family members attempting to convey information about the situation at home, only to cause adverse effects due to improper methods. The common solution to these problems is for lawyers to meet with the suspects in accordance with the law during the investigation stage.

II. Key points of contention

First, the meeting is either a way to exercise rights or just a formality. Some people believe that the meeting is just to comfort the client, with limited practical effect; but the meeting is the only direct channel for defense attorneys to verify the facts of the case. Without the meeting, the subsequent bail hearings and applications for the exclusion of illegal evidence will lack a factual basis. Second, when is the meeting most valuable? In the early stage of the case, the client's statement has not been finalized, so the earlier the meeting is held, the more likely it is to avoid adverse consequences. However, in cases involving crimes against national security and terrorist activities, the meeting during the investigation period requires the permission of the investigative organ, which is a statutory exception. Third, what can and cannot be done during the meeting. The meeting can help understand the case, provide legal assistance, and verify whether there is illegal evidence collection, but it is not allowed to help fabricate evidence or transmit illegal information related to the case. This boundary must be grasped by practicing lawyers. If family members "pass on messages" on their own, the risks will be extremely high.

III. Professional analysis by Henglue Lawyers

From the practical experience of our firm in criminal cases, the value of meetings during the investigation stage mainly lies in four aspects. Firstly, it is to verify the voluntariness and authenticity of the confession, with a focus on whether the interrogation process is standardized, whether there are situations of fatigue interrogation or inducement to confess, and whether the content of the transcript is consistent with the statements of the parties. We will promptly put forward opinions on the problematic parts to prevent unfavorable facts from being solidified in the case file. Secondly, it is to clarify the suspected charges and the nature of the case. The determination of the charges in some cases directly determines the sentencing level, such as the distinction between the principal offender and the accomplice in a joint crime, and whether the act constitutes self-defense or intentional injury. All these need to be clarified in the investigation stage. Thirdly, it is to provide legal assistance and inform the parties of their rights and obligations, so that the parties can clearly understand that they have the right to refuse to answer questions unrelated to the case, the right to apply for recusal, and the right to check the transcript and request corrections to the records. Fourthly, it is to accumulate materials for subsequent procedures, such as the process of voluntary surrender to the police, the willingness to make restitution, the situation of understanding, the physical condition, the fixed residence and the guarantor, etc., which will serve as the factual basis for the application for bail and the review of the necessity of detention. It should be noted that the meeting does not equal "using connections", nor does it make any promises about the outcome of the case. Its core is to translate the parties' procedural rights into specific written materials. After the investigation stage ends, the case is transferred for review and prosecution, and the focus of defense shifts to reviewing the case file and sorting out the sentencing circumstances.Criminal defenseThis demonstrates the coherence of the text.

IV. Practical suggestions and legal basis

According to Articles 38, 39, 67, and 95 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018 and implemented on the same day), and the provisions of the Lawyers Law of the People's Republic of China regarding the requirement that lawyers accept entrustments and sign written entrustment contracts through law firms, it is recommended that family members proceed according to the following checklist: 1. Process the formal entrustment and obtain a letter from the law firm as soon as possible to avoid delays in scheduling meetings due to incomplete procedures; 2. Provide the lawyer with information about the suspect's surrender (whether voluntary or after being summoned), any previous criminal records, medical conditions requiring long-term medication, and family and work circumstances, to facilitate verification during the meeting; 3. After the meeting, request feedback from the lawyer on the details of the meeting, including the suspected charges, current timelines, and next steps; 4. Prepare concurrently the materials required for bail pending trial, including guarantor identity and property documents or bail funds, proof of fixed residence, and certificates of restitution and reconciliation; 5. If the client reports illegal evidence collection, promptly preserve evidence and apply for its exclusion according to law. For crimes such as cybercrime and economic crimes, assess key facts like quantities and amounts in accordance with specific criminalization standards.

5. Henglue Law Firm's Advice

The meeting itself does not yield results, but the judgments and written documents formed after the meeting can affect the outcome. Families often fall into three common misunderstandings: First, they wait until "there's news to report," missing the time window when the statement is still in its early stages; Second, they entrust others to "pass on messages," but this improper approach may be regarded as obstructing the investigation and lead to more unfavorable evaluations; Third, they believe that one meeting is enough, but in reality, as the interrogation progresses and evidence changes, it often requires multiple meetings at different stages and dynamic adjustments of strategies. When handling similar cases in the Beijing area, the detention center has more standardized requirements for meeting procedures. Meetings are arranged within 48 hours after the request with the three certificates, and the more prepared materials the families have in advance, the more efficient the meetings will be. After the case reaches the review and prosecution stage, reviewing the case file and providing sentencing opinions are equally important, and these can be combined with other measures.Senior defense attorney、Practical Experience in Bail Pending TrialAndExperiences in reviewing the necessity of detentionOverall assessment.Beijing Henglu Law FirmTip: Treat the meeting as a process of obtaining facts and establishing rights, rather than a session for emotional reassurance.

VI. Frequently Asked Questions

Q1: After the meeting, will the chances of being granted bail pending trial increase?

It depends on the facts of the case and the statutory conditions. The meeting can verify such circumstances as voluntary surrender, confession of guilt and acceptance of punishment, restitution and understanding, physical condition, and social dangerousness, and form written arguments based on them, making the application more targeted. However, whether the bail can be granted still depends on the case-handling organ's review and decision in accordance with Article 67 of the Criminal Procedure Law of the People's Republic of China. After the arrest, the procuratorial organ also needs to review the necessity of detention in accordance with Article 95.

Q2: What materials do family members need to prepare before and after the meeting?

Proof of close relative status and proof of kinship, contact information of the client; explanation of the parties' appearance in court, whether they have a criminal record, suffer from any diseases or take long-term medication, and their work and family situations; materials of the guarantor or the deposit required for bail pending trial, proof of fixed residence; transfer receipts of compensation, letters of understanding, and performance materials issued by the unit or the community. Having all these materials can significantly improve the efficiency of subsequent applications.

Q3: How are the fees for meetings and commissions calculated?

The meeting is usually included in the defense services provided at the corresponding litigation stage and is not charged separately. The specific scope of services shall be subject to the provisions of the entrustment contract. The travel and necessary material expenses shall be specified in the contract. If only a single legal assistance is needed, the lawyer's office can be consulted to determine the service content and fees, and formal receipts can be requested.

Q4: How long does it take from placing an order to having the first meeting?

According to Article 39 of the Criminal Procedure Law of the People's Republic of China, if a defense lawyer requests a meeting with a detained person by presenting their practicing certificate, a certificate from the law firm, and a power of attorney, the detention center shall arrange the meeting promptly and no later than 48 hours; for cases involving crimes against national security and terrorist activities, the meeting during the investigation period shall be subject to the approval of the investigating organ, and the time will be extended accordingly. After the meeting, the lawyer will generally provide feedback on the main circumstances as soon as possible.

Q5: What should I do first?

First, confirm the coercive measures taken against the party concerned, the place of detention, and the suspected charges, and note down the key dates of detention or arrest; then prepare the materials of the identity and kinship of the close relatives to handle the formal entrustment, and arrange for the lawyer to meet with the party concerned as soon as possible; at the same time, start to collect the materials of the guarantor, fixed residence, and compensation and understanding required for bail pending trial, so as to avoid missing any important steps while waiting for the results.

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 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 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.