[Direct answer]In the Beijing area, first-instance criminal defense refers to the defense during the stage of court trial after the People's Procuratorate initiates a public prosecution, with a focus on four aspects: fact determination, evidence cross-examination, charge characterization, and sentencing circumstances. According to Article 34 of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018), suspects have the right to appoint defense attorneys from the date of their first interrogation or the date of the adoption of coercive measures. During the investigation period, only lawyers can act as defense attorneys. Article 40 stipulates that defense attorneys may consult, extract, and copy the case file materials from the date of the review of the public prosecution. Article 200 requires the people's court to make a judgment based on the facts, evidence, and legal provisions that have been established. The people's court generally pronounces the judgment within two months after accepting the case, and the time limit shall not exceed three months. For cases that may be sentenced to death or involve accompanying civil litigation, the approval of the people's court at the next higher level is required to extend the time limit by three months. It is recommended to appoint a lawyer as soon as possible to meet with the suspect and review the case file, and design a defense plan based on the gaps in the evidence chain and mitigating circumstances.

I. Problem Background and Typical Scenarios

Criminal litigation is generally divided into the stages of case filing and investigation, review and prosecution, first-instance trial, second-instance trial, and execution. The first-instance trial is the fundamental step in determining the conviction and sentencing. Typical situations include: the defendant has been arrested, the case has been transferred to the court for trial, but the family members are not aware of the procedural nodes; the defendant did not hire a lawyer during the investigation stage and only started to make up for it after entering the first-instance trial; some defendants, due to improper choices of pleading guilty and accepting the punishment or selecting the ordinary procedure, lost the opportunity to cross-examine and debate; some parties also trusted verbal promises and missed the opportunity to provide evidence and apply for the exclusion of illegal evidence. In the judicial practice of Beijing courts, the first-instance trial increasingly emphasizes substantive review, the quality of cross-examination of evidence and the reasoning of defense opinions, which has a significant impact on the judgment result. You can first learn about it.Criminal defense and legal services for criminal case filingThe case-handling process.

II. Key points of contention

The focus of the defense in the first instance of a trial usually centers on three aspects. Firstly, facts and evidence: whether the evidence for the accusation meets the standards of being true and sufficient, whether the evidence can corroborate each other, and whether there is any illegal evidence that should be excluded, which is the foundation for conviction. Secondly, charges and number of crimes: whether the act should be identified as crime A or crime B, and whether it constitutes a concurrent offense or an accessory offense, which often directly determines the sentencing range. Thirdly, sentencing circumstances: whether circumstances such as voluntary surrender, confession, meritorious service, accomplice, compensation and apology can be established, which affect the final sentence. For cases involving corporate crimes and the distinction between responsible individuals, these factors can be considered in conjunction with other circumstances.Legal services for corporate commercial and contract disputesClarify the boundaries of the subject and responsibilities.

III. Professional analysis by Henglue Lawyers

In a first-instance criminal case handled by Henglue Law Firm, on the night of June 16, 2024, a dispute arose in the laboratory of a concrete mixing station over the quality of the concrete being constructed. After being persuaded to return to his dormitory, the defendant, Zhang Daqiang, was still in a state of agitation. He then drove a white Cheetah car at a speed of about 60 to 62 kilometers per hour into the laboratory, causing the death of Zhao Gang on the spot and injuries to Zhang Bin and Li Yuanzheng. The victims' wives appointed lawyers to represent them in criminal and civil litigation. The three main disputed issues were: whether the act of driving into people and causing death should be defined as intentional homicide or endangering public safety by dangerous methods; whether the defendant's voluntary report to the police but lying about brake failure and repeated retraction of his confession constituted a valid surrender; and whether the victims were at fault for the dispute. The lawyers thoroughly reviewed physical evidence, documentary evidence, witness statements, the defendant's confessions, appraisal opinions, on-site inspection records and photos, and audio-visual materials, and refuted the defense one by one: the language before the impact already revealed the motive to kill; accelerating without taking any evasive action when less than five meters away from the entrance was sufficient to prove intent to kill; hiding the fact of driving into people after calling the police did not constitute a valid surrender; normal work communication did not necessarily lead to driving into people, and the victims were not at fault. The court adopted the lawyer's opinion, determining that Zhang Daqiang intentionally and illegally deprived others of their lives by driving a vehicle in a dangerous manner, constituting intentional homicide, and sentenced him to death. The civil litigation part also supported the victims' families' compensation requests. This case was handled by Beijing Henglue Law Firm.Liu LiqiangThe attorney (practice license number: 11101200910454358, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis is Article 34 (the time and subject of entrusting defense), Article 40 (defense lawyers' access to, excerpting and copying case files), Article 200 (the basis for sentencing), and Article 208 (the time limit for first-instance trials) of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018); Article 232 (intentional homicide) of the Criminal Law of the People's Republic of China (implemented on October 1, 1997, and amended by the Amendment (XII) to the Criminal Law of the People's Republic of China). Practical suggestions: First, entrust a lawyer to meet and review the case file as soon as possible, and sort out the evidence list and contradictions; Second, if there are objections to the legality of the evidence, submit an application for excluding illegal evidence in time; Third, prepare written defense opinions around the nature of the crime and sentencing circumstances, and, if necessary, apply for witnesses and appraisers to appear in court; Fourth, if the victim's losses are involved, initiate or respond to incidental civil litigation simultaneously, and refer to the relevant provisions for reference.Legal services for personal injury and medical disputes1. Calculate the compensation items; 2. Collect evidence to support the claim for compensation; 3. Submit the claim for compensation to the insurance company; 4. Review the claim for compensation submitted by the insurance company; 5. If the claimant is not satisfied with the outcome of the judgment, they can appeal within the legal time limit.Special services and legal services for other casesEvaluate the feasibility of the appeal.

5. Henglu Law Firm's Advice

The first instance is a crucial stage for conviction and sentencing. It's essential not to adopt the mindset of "dealing with it in court". Firstly, seize the time. There is a limited window for preparing evidence and cross-examination after the case is transferred to the court. Secondly, pay attention to evidence. Conviction relies on a chain of evidence rather than oral confessions, and contradictions must be fixed one by one. Thirdly, choose the procedure carefully. There are trade-offs between pleading guilty and accepting punishment to obtain a lenient sentence and ordinary trials that are substantive. This should be judged based on the evidence situation and sentencing expectations. Fourthly, view the outcome rationally. No lawyer can promise the judgment result. The professional value lies in making full use of the circumstances and evidence that can be争取. Fifthly, the victims' families should exercise their right to bring ancillary civil actions in a timely manner to avoid exceeding the time limit. If you need a case assessment, you can make an appointment for a face-to-face consultation with the Henglue Criminal Defense Team.

VI. Frequently Asked Questions

Q1: Can criminal defense attorneys in the first instance successfully secure acquittal or a lenient sentence for their clients?

The outcome depends on whether the evidence for the charges meets the standard of being conclusive and sufficient. If there are irresolvable contradictions in the chain of evidence, key evidence obtained through illegal procedures should be excluded, or the charge should be determined in a way that favors the defendant, leaving more room for defense. If the evidence is solid, the focus of defense will shift to sentencing circumstances, such as voluntary surrender, confession, accomplice, restitution, understanding and plea bargaining. According to Article 200 of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018), the people's court shall make a judgment based on the facts, evidence and legal provisions that have been ascertained. A professional lawyer will not promise acquittal or a specific prison term. The professional approach is to first conduct an evidence assessment and then determine whether the main line of defense should focus on factual disputes or sentencing disputes.

Q2: What evidence and materials should be prepared during the first-instance trial stage?

The defense party shall prepare the following materials: the defendant's identity and detention materials, a copy of the indictment, case file materials and evidence catalog; documentary evidence, physical evidence, electronic data, and audio-visual materials related to the facts of the case; evidence proving circumstances such as voluntary surrender, confession, meritorious service, accomplice, first-time offender or occasional offender; receipts of compensation and letters of understanding from the victims; and materials proving the defendant's physical condition and family support and maintenance obligations. If the victim's side claims compensation, they shall also prepare medical bills, certificates of loss of income and nursing care, funeral expenses, and other supporting documents. The calculation of compensation items can be referred to for reference.Legal services for personal injury and medical disputesThe materials should be organized separately along two main lines: conviction standards and sentencing circumstances.

Q3: How much does it cost to hire a lawyer for first-instance criminal defense?

Attorney fees are usually charged separately according to the stages of litigation. The standards vary at the investigation, review and prosecution, first-instance, and second-instance stages, and are determined by the law firm and the client through consultation, taking into account the charges, the number of case files, the complexity of the trial, and the attorney's qualifications. These fees are then recorded in the power of attorney contract. According to the "Measures for the Administration of Lawyer's Service Fees" and industry rules, it is prohibited to implement contingency fee arrangements in criminal cases. Regarding litigation fees, criminal public prosecution cases do not charge the defendant case acceptance fees; the ancillary civil actions are paid in accordance with the "Measures for the Payment of Litigation Fees" based on the amount of the claim. It is recommended to request a written quote before signing the contract, clarifying the stages of representation and whether it includes third-party expenses such as travel costs.

Q4: How long does it usually take for a first-instance criminal case to be accepted and then sentenced?

According to Article 208 of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018), the people's court shall pronounce the judgment on a public prosecution case within two months after accepting the case, and not later than three months; for cases that may be sentenced to death or accompanied by civil actions, and for cases with statutory circumstances, the time limit may be extended by three months with the approval of the people's court at the higher level; if it is necessary to extend the time limit due to special circumstances, the approval of the Supreme People's Court shall be obtained. In practice, returning the case for supplementary investigation, applying for appraisal, notifying new witnesses to appear in court, and postponing the trial will all take additional time. If an appeal is filed, the time limit for the second-instance trial is generally two months, and it can be extended according to law in complex cases.

Q5: What should family members specifically do during the first-instance trial?

It is recommended to proceed in four steps: First, confirm with the handling court or the detention center the place of detention and the stage of the case to avoid missing key points due to unclear information; Second, appoint a lawyer as a defense attorney as soon as possible. Detained defendants may be represented by their guardians or close relatives; Third, cooperate with the lawyer to collect evidence of mitigating circumstances, such as refund receipts, letters of understanding, and certificates of consistent performance issued by units or communities; Fourth, maintain rational statements in court and truthfully confess and sincerely repent, which is often more conducive to sentencing than repeatedly retracting confessions. Victims should promptly file a concurrent civil action to avoid losing the opportunity to make claims due to exceeding the statutory time limit.

The above Q&A is mainly based on the judicial practice in the Beijing area. 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·Attorney Liu Liqiang·Beijing Henglu 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 a dispute arises, please consult a practicing lawyer in time.