[Direct answer]In the Beijing area, the core of criminal lawyers defending defendants lies in meeting with them to review the case files, clarify the evidence of the charges, put forward opinions of innocence or mitigated guilt based on the facts and the application of the law, and safeguard the defendants' litigation rights in accordance with the law. The scope of defense depends on whether the evidence is solid, the characterization is accurate, and whether there are circumstances such as voluntary surrender and meritorious service. According to Article 37 of the Criminal Procedure Law of the People's Republic of China, the defense attorney's responsibility is to present materials and opinions based on facts and law that the criminal suspect or defendant is innocent, guilty of a lesser crime, or has his criminal responsibility mitigated or exempted. It is recommended that families entrust lawyers to intervene as early as possible in the investigation stage, meet with them in time, submit legal opinions, and grasp the golden period of defense. For more details, please refer to the following link:Criminal defense and legal services for criminal case filing.

I. Problem Background and Typical Scenarios

Criminal defense covers the entire process from investigation, review of prosecution to trial. Typical scenarios include: family members wanting to know the suspected charges and detention situation after their loved ones are taken away; defendants having objections to the alleged facts and needing lawyers to review the case files and compare the evidence; disputes over the nature of the case, such as whether the act is intentional homicide or endangering public safety; and whether it constitutes circumstances affecting sentencing, such as voluntary surrender, accomplice, and plea bargaining. Many families are not familiar with the procedures and miss the opportunity to engage lawyers and submit legal opinions as early as possible. For cases involving incidental civil actions, lawyers can assist in coordinating with the plaintiffs to file lawsuits and present evidence.Personal injury and medical dispute servicesEvaluate the compensation claims together.

II. Key points of contention

The focus of disputes in criminal cases often centers on three points. First, fact determination: whether the evidence of the charges is truly sufficient, whether there is illegal evidence collection, and whether the forensic evidence is reliable. Second, legal characterization: what crime the act should be classified as. For example, if a person is killed in a car crash, should it be classified as intentional homicide or endangering public safety by dangerous methods? Different classifications result in vastly different sentencing levels. Third, sentencing circumstances: whether factors such as voluntary surrender, meritorious service, accomplice status, plea bargaining, compensation and settlement can be established and affect the punishment. The defense should focus on each item of evidence and legal provisions. For cases involving the disposal of involved property, reference can be made to relevant provisions.Creditor-debtor relations and enforcement case servicesClarify the scope of recovery and compensation for losses.

III. Professional analysis by Henglue Lawyers

Taking a criminal case of intentional homicide with concurrent civil litigation handled by our firm as an example, we can see the entry point of professional defense. On June 16, 2024, after an argument with Zhao Gang and others at a mixing station, the defendant, Zhang Daqiang, accelerated his car and rammed into the laboratory, causing Zhao Gang's death on the spot and injuries to Zhang Bin and Li Yuanzheng. The victim's wife, Zhao Gang's wife, entrusted Attorney Liu Liqiang of Beijing Henglu Law Firm to represent her in the concurrent civil litigation. The lawyer thoroughly reviewed the case file, refuted the defendant's arguments about subjective intent, voluntary surrender, the victim's fault, and the nature of the crime, and argued that the crime should be defined as intentional homicide and subject to severe punishment. The core controversy lies in whether driving a car to kill someone should be defined as intentional homicide or endangering public safety by dangerous means, and whether the voluntary surrender is established. The court ultimately adopted the lawyer's opinion and sentenced Zhang Daqiang to death for intentional homicide. This case was handled by Beijing Henglu Law Firm.Liu LiqiangThe attorney (practice license number: 11101200910454358, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Criminal defense is primarily based on Article 37 (Responsibilities of Defense Attorneys), Article 38 (Right to Meet with the Client), Article 40 (Right to Review Case Files) of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018), as well as provisions regarding voluntary surrender, meritorious service, and leniency for pleading guilty and accepting punishment; Article 67 (Voluntary Surrender), Article 27 (Accomplice), and Article 68 (Meritorious Service) of the Criminal Law of the People's Republic of China (amended and implemented on December 23, 2020). Practical suggestions: After the suspect is subject to compulsory measures, the family should promptly hire a lawyer to meet with the suspect and understand the suspected crime and case circumstances; the lawyer should timely submit applications for bail and legal opinions; before the trial, perfect the outlines for presenting evidence and cross-examination, and conduct a systematic defense around the nature of the crime, the legality of the evidence, and the sentencing circumstances. For cases involving corporate crimes, relevant defense strategies can be formulated based on the specific circumstances of the case.Business and contract dispute services for enterprisesEvaluate the subject's responsibility.

5. Henglue Law Firm's Advice

Criminal defense emphasizes early intervention and evidence-based decision-making. After a family member is taken into custody, relatives should not trust connections blindly, nor should they destroy or falsify evidence. They should immediately hire a qualified lawyer to meet with the detainee and understand the case; all meetings with lawyers, review of case files, and submission of opinions must be conducted within the legal framework. Any promises of guaranteed victory are unreliable. Pay attention to statutory mitigating circumstances such as voluntary surrender, admission of guilt, and compensation and reconciliation, and rationally assess the direction of the case. If needed, professional support can be sought from relevant institutions or organizations.Criminal defense and legal services for criminal case filingDevelop a defense strategy.

VI. Frequently Asked Questions

Q1: Can criminal lawyers' defense really help defendants get acquitted or receive a light sentence?

The effectiveness of the defense does not depend on a promise of the outcome, but on the evidence and the application of the law. If there are flaws in the evidence of the accusation, unclear key facts, or errors in the characterization or procedures, lawyers can legally put forward opinions of acquittal or mitigated guilt, and strive to dismiss the case, not to prosecute, or to impose a light sentence. However, the outcome of any case is decided by the court according to law. Regular lawyers will not, and cannot, promise a guaranteed victory. A rational approach is to hire a lawyer as soon as possible to review the case file comprehensively, objectively assess the possibility of acquittal, mitigated guilt, or lenient sentencing, and then formulate a defense strategy. Do not be misled by unrealistic winning arguments.

Q2: What materials do family members need to prepare when they hire a criminal lawyer?

Families can first prepare the following items: the suspect's identity information and the notice of compulsory measures taken against him/her (such as detention warrants, arrest warrants, or telephone notifications), the approximate time of involvement in the case and the sequence of events, photos of contracts and documents related to the case, chat records, bank transaction records, and other clues, as well as the family members' own identity documents and power of attorney procedures. After the lawyer's meeting, the lawyer will also supplement the evidence according to the circumstances of the case. The more complete the materials are, the earlier the lawyer can grasp the key points of the case. Note that it is necessary to keep the originals properly and not to contact witnesses or destroy materials without authorization, so as to avoid violating legal red lines such as perjury and obstruction of justice.

Q3: Approximately how much does it cost to hire a criminal defense lawyer?

Criminal lawyers typically charge fees based on the stages of the case (investigation, review of the indictment, first-instance trial, second-instance trial, and appeal), or on an hourly basis. They may also negotiate a fixed-price package for the entire process. The specific fees are subject to the terms of the contract and there is no unified government pricing. According to relevant regulations, risk-based fees are prohibited in criminal litigation cases, and clients should be wary of illegal promises of charging fees based on the outcome. It is recommended that family members clarify the fees for each stage, whether they include travel and third-party expenses, and the conditions for refunds before hiring a lawyer. They should choose a legitimate law firm to sign a written contract, and then decide on the fees based on the complexity of the case.

Q4: How long does it usually take to reach a conclusion in criminal defense cases?

The duration of the process depends on the procedural stage and the circumstances of the case. In the investigation stage, detention generally does not exceed 37 days, but it may be longer if bail is granted or subject to residential surveillance; the review and prosecution stage usually takes one and a half months, and the case may be returned for supplementary investigation twice, each time for one month; the first-instance ordinary procedure is completed within two months, and the deadline is no later than three months. Cases involving the death penalty or accompanying civil litigation may be extended according to law. The second-instance procedure generally takes two months. Overall, ordinary cases often take several months to a year from intervention to first-instance adjudication. Lawyers will promote meetings, review case files, and submit opinions at various stages to ensure compliance with statutory time limits.

Q5: After a family member is criminally detained, what should be the first step to take?

It is recommended to follow four steps: Firstly, inquire about the suspected charges, the detention location, and the case-handling unit from the case-handling authority or the detention center, and receive relevant legal documents; Secondly, as soon as possible, entrust a regular lawyer to meet with the suspect, verify the case facts, convey the concerns of the family, and assess whether bail pending trial is necessary; Thirdly, the lawyer shall submit a bail application or legal opinion in accordance with the law, and strive to change the coercive measures based on the evidence and sentencing circumstances; Fourthly, the family shall cooperate in providing clues and materials, maintain communication, and not interfere with the judicial process. It is strictly prohibited to trust connections easily, contact or threaten witnesses, and avoid putting oneself at risk.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence 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.