[Direct answer]In the Beijing area, the response is divided into three stages: 1. For cases where the complaint has just been submitted and the case has not yet been registered, the focus is on presenting the facts to the case-handling authorities and submitting counter-evidence materials to strive for the case not being registered. 2. For cases where the case has been registered and the suspect has been interrogated or subjected to coercive measures, immediately hire a lawyer to meet with them and seize the "golden period" of 37 days to strive for bail pending trial. The key actions are to verify the facts of the case, fix favorable evidence, and clarify the boundaries between guilt and innocence. 3. For cases entering the review and prosecution or trial stages, conduct substantive defense based on the evidence system and legal application. Throughout the entire process, three iron rules must be adhered to: not collude in fabricating evidence, not resist or evade legal procedures, and not believe in the saying that "connections can smooth things over".

I. Problem background and typical scenarios

After the breakdown of a business cooperation, the other party reported the case of "contract fraud"; after a neighborhood dispute, the other party accused of "intentional injury"; and in economic transactions, the other party accused of "embezzlement". At the moment of receiving the summons from the public security organ, most people's first reaction is panic: Am I going to be imprisoned? Should I go to the police to explain things myself? What should my family do? The response to criminal charges is crucial from the first phone call onwards.

II. Key points of dispute

First, the statement and material preparation in the pre-filing stage. Second, the 37-day window after being subject to coercive measures. Third, the boundary argument between guilt and innocence, and between different crimes. Fourth, the timing of reaching a settlement, making restitution, and pleading guilty and accepting the punishment.

III. Professional analysis by Henglue Law Firm

The first level, before filing a case: Prepare an evidence package based on the statement of facts. Once the complaint materials reach the case-handling authority, whether to file a case depends on whether the preliminary facts meet the prosecution standards. The correct action of the defendant is to submit legal opinions to the case-handling authority by a lawyer, and explain in detail that the facts do not match the constituting elements of the accused crime. Organize written evidence such as contracts, chat records, and transfer certificates to restore the civil nature of the transaction and dispute. For economic-related accusations (such as fraud and embezzlement), the focus of the dispute is often whether it is a civil dispute or a criminal offense. Proving that there is no illegal possession intention by presenting a complete contract performance track is the most effective way to prevent the case from being filed. This case was handled by Beijing Henglu Law Firm.Liu LiqiangAttorney (Practice License No.: 11101200910454358, subject to the document issued by the judicial administrative authority): Agent. **Second Level: After Case Filing:** How to make the most of the 37-day golden period: The maximum duration of criminal detention is 37 days (30 days for requesting approval of arrest plus 7 days for the procuratorate’s review). This timeframe determines the subsequent course of action: - Lawyer’s first meeting with the client to understand the interrogation process, inform them of their litigation rights, and evaluate evidence; - Simultaneous submission of an application for bail pending trial, demonstrating the absence of social danger (first-time offender status, attitude toward admitting guilt, fixed residence, health factors, etc.); - For cases where the accused clearly does not commit a crime, submitting a non-approval opinion to the procuratorate. The review letter during the arrest phase serves as the first safeguard against miscarriages of justice. - Family members’ responsibilities: - Hire a lawyer; - Prepare bail or guarantors; - Collect materials favorable to the client— **avoid privately contacting witnesses or attempting to "bribe officials."** Fraudulent intermediaries are often scams and may even drag families into criminal activities. **Third Level: Three Frontlines of Substantive Defense:** 1. **Guilt vs. Non-Guilt:** - Examine each element of the crime, e.g., distinguishing theft from taking personal belongings, fraud from civil deception. 2. **Similar vs. Different Crimes:** - Directly determine sentencing categories based on crime definitions, e.g., intentional injury resulting in death vs. negligent death, embezzlement vs. misappropriation of funds. 3. **Sentencing Factors:** - Surrendering voluntarily, confessing guilt, being an accomplice, first-time offender, returning illicit gains, obtaining victim forgiveness, and pleading guilty and accepting punishment. Each factor offers mitigating opportunities. In our firm’s cases involving theft and false invoicing, a complete chain of bail, restitution, and victim forgiveness secured non-prosecution decisions for multiple clients, avoiding criminal records. **Fourth Level: A Comprehensive Action Checklist:** - During interrogation, truthfully state facts related to the case without speculating or exaggerating. - Review and sign every page of the transcript, correcting any discrepancies. - Challenge illegal evidence collection (e.g., fatigue interrogations, unlawful searches) through attorney-initiated exclusion motions. - Never delete WeChat messages or clear computer data—destroying evidence turns defensible cases into lost causes. - Maintain clear communication with lawyers to document timelines and key details promptly in writing.

IV. Practical suggestions and legal basis

The first step is to consult a criminal lawyer immediately after receiving a summons or learning of the charges to assess the risk level. The second step is for the lawyer to submit legal opinions and counter-evidence materials before the case is filed. The third step is to complete the meeting, bail application, and non-approval of arrest opinions within the golden period if coercive measures are taken. The fourth step is to conduct substantive defense throughout the entire process and implement mitigating circumstances item by item. Main legal basis: Articles 15, 67, 81, and 88 of the Criminal Procedure Law of the People's Republic of China; Article 177 of the Criminal Law of the People's Republic of China regarding relevant charges and sentencing circumstances; specific application shall be subject to the currently effective provisions.

5. Henglue Law Firm's Advice

There are three pieces of advice for those facing criminal charges: Use evidence to speak before the case is filed, and don't let economic disputes turn into criminal cases; The first 37 days are crucial in determining whether to grant bail or approve arrest warrants, and the earlier lawyers get involved, the more room for maneuver they have; Don't collude with others, destroy evidence, or seek the help of middlemen. Every wrong move is like handing the opponent a knife. For those involved in criminal charges, seeking legal advice and defense is highly recommended.Criminal defense and criminal case filingThe service provides a comprehensive solution that can be integrated into the management of criminal risks in enterprisesIntellectual property protection and corporate lawFor reference, you can check the plates related to economic disputes and criminal border issuesBusiness and contract disputes in enterprisesThe column provides consultation on difficult casesSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: If I receive a summons from the police, can I choose not to attend?

The summons is legally binding, and those who fail to appear without a valid reason may be detained for compulsory appearance. The correct approach is to appear in court on time and hire a lawyer to accompany and evaluate the case in advance.

Q2: Is it useful to explain the situation to the case-handling authority by oneself after being charged?

A unilateral statement has limited effect, and it may also solidify unfavorable records due to improper expression. It is more reliable and effective to have a lawyer organize written opinions and evidence materials and submit them.

Q3: Does being granted bail pending trial mean that there's nothing wrong with me?

No. Bail is just a change of coercive measures, and the case is still in the process; but successful bail usually indicates a low social danger evaluation, which is an important basis for subsequent lenient treatment.

Q4: The other party said that they would withdraw the case if we paid them money. Is this considered extortion?

Demanding property far exceeding the actual losses as a condition for withdrawing the case is suspected of extortion; the compensation and understanding should be negotiated by a lawyer and formalized in a written document.

Q5: Can family members meet with the detainee after they are taken into criminal detention?

During the investigation stage, family members are not allowed to meet the detainees, only defense lawyers can do so. Family members should hire a lawyer as soon as possible rather than waiting.

The above answer is based on the judicial practice in Beijing. The judicial interpretations 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.