[Direct answer]In the Beijing area, it is necessary, and the sooner the better, to intervene as soon as possible in the investigation stage. According to Article 34 of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018), a criminal suspect has the right to appoint a defense attorney from the date of the first interrogation or the adoption of coercive measures by the investigating organ; during the investigation period, only lawyers can be appointed as defense attorneys; if the criminal suspect or defendant is in custody, his guardian or close relatives can also appoint defense attorneys on his behalf. The investigating organ shall inform him of his right to appoint a defense attorney when conducting the first interrogation or adopting coercive measures. In practice, unless there are special circumstances prescribed by law, the investigating organ shall generally notify the family within 24 hours after detention (Article 85). The so-called "golden 37 days" refers to the period from detention to the review and approval of arrest by the procuratorial organ, which is a critical window for obtaining bail pending trial or preventing arrest. Lawyers can meet with the suspect, understand the suspected crime and case circumstances, provide legal assistance, monitor the proceedings, and apply for bail. Action guidance: Confirm the detention place and the suspected crime as soon as possible, and have close relatives appoint lawyers in writing to meet with the suspect immediately.

I. Problem background and typical scenarios

After family members are taken away, their relatives often fall into two states: one is believing that "they haven't done anything wrong and will be back soon", and they only start to worry after the arrest is approved; the other is inquiring around and trying to use connections, but they don't hire a professional lawyer in time. The criminal case process is full of time-sensitive points, with strict deadlines for detention, applying for arrest approval, and reviewing prosecution. Missing these deadlines can often be irreversible. In the Beijing area, the authorities handling cases have strict procedural requirements, and it's always more beneficial to involve professionals as early as possible.

II. Key points of dispute

First, the statutory time and subject for appointing a defense attorney. Second, the scope of a defense attorney's authority during the investigation. Third, the provisions and exceptions for notifying family members of detention. Fourth, the meaning of the "37-day golden period" and the application timing for bail pending trial.

III. Professional analysis by Henglue Lawyers

The early intervention in criminal cases focuses on four key aspects. First, the right to appoint a defense attorney and the obligation to provide information: According to Article 34 of the Criminal Procedure Law, defendants can appoint lawyers from the first interrogation or the day of taking compulsory measures onwards. For those in custody, their guardians or close relatives can act as their agents. This means that family members can proactively appoint lawyers without waiting for official notification. Second, meeting and obtaining information: Defense lawyers can meet and communicate with suspects or defendants in custody (Article 39), and through such meetings, they can understand the suspected charges, main facts, interrogation process, and detention status. They can verify whether there has been coerced confession or procedural violations, explain legal provisions to clients, stabilize their emotions, and prevent them from making self-incriminating statements due to unfamiliarity with the legal process. Third, applying for bail: According to Article 67, bail can be granted in the following circumstances: those who may be sentenced to control, detention, or stand-alone supplementary punishment; those who may be sentenced to fixed-term imprisonment but are not a social danger if granted bail; women with serious illnesses, pregnant women, or nursing mothers; and cases where the detention period has expired but the investigation has not been completed. Applying for bail within the 37-day window from detention to approval of arrest usually has better results than applying after the arrest has been approved. Fourth, procedural supervision and follow-up defense: Lawyers can raise objections to illegal evidence collection and excessive detention, and apply for case file review and submit defense opinions during the review and prosecution stage, laying the foundation for substantive defense. Fifth, correct actions for family members: Confirm the case-handling authority and detention facilities, keep the "Detention Notice", do not collude in providing false information, unauthorized contact with witnesses or victims, and promptly appoint lawyers in writing and let them lead the communication. At the same time, prepare legal materials related to the case for lawyers to evaluate bail conditions. In Beijing, the procedural requirements for large-scale economic crimes and official crimes are relatively high. Early intervention and bail applications often determine the outcome of the case. 刑事案件的早期介入,价值主要集中在四个环节。第一环节,委托权与告知义务:根据《刑事诉讼法》第三十四条,自第一次讯问或采取强制措施之日起,犯罪嫌疑人、被告人即可委托辩护人,侦查期间只能由律师担任;在押的,可以由监护人、近亲属代为委托。这意味着家属完全可以主动委托,无需等待通知。第二环节,会见与信息获取:辩护律师可以同在押的犯罪嫌疑人、被告人会见和通信(第三十九条),通过会见了解涉嫌罪名、主要事实、讯问情况与羁押状态,核实是否存在刑讯逼供与程序违法,为当事人讲解法律规定、稳定情绪,避免因不熟悉程序而作出不利于自己的陈述。第三环节,取保候审的申请:根据第六十七条,可能判处管制、拘役或者独立适用附加刑的,可能判处有期徒刑以上刑罚但采取取保候审不致发生社会危险性的,以及患有严重疾病、怀孕或者正在哺乳自己婴儿的妇女,羁押期限届满案件尚未办结等情形,可以取保候审;在拘留后至审查批准逮捕的三十七天窗口内提出申请与法律意见,效果通常好于批捕之后。第四环节,程序监督与后续辩护:律师可以就违法取证、超期羁押等提出意见,并在审查起诉阶段申请阅卷、提交辩护意见,为实体辩护打基础。第五环节,家属的正确做法:确认办案机关与羁押处所,保存《拘留通知书》,不串供、不传递不当信息、不擅自接触证人或被害人,尽快书面委托律师并由其主导沟通;同时准备与案件相关的合法材料,供律师评估取保条件。北京地区对涉众型经济犯罪与职务犯罪的程序要求较高,早期会见与申请取保往往是案件走向的分水岭。

IV. Practical suggestions and legal basis

The first step is to confirm the case-handling organ, the detention facility, and the suspected crime as soon as possible, and to preserve the notification materials. The second step is for close relatives to sign a power of attorney with a law firm and arrange a meeting. The third step is to submit an application for bail pending trial and legal opinions within 37 days. The fourth step is to cooperate with the lawyer in preparing favorable materials and avoid contacting relevant parties on their own. Main legal basis: Article 34, Article 39, Article 67, Article 85, and Article 95 of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018); the provisions on defense duties in the Lawyer Law of the People's Republic of China; specific applications shall be subject to the currently effective regulations.

5. Henglu Law Firm's Advice

Three key points of criminal litigation: 1. You can appoint a lawyer as soon as the first interrogation or coercive measures are implemented. During the investigation period, only lawyers can provide legal defense. 2. Don’t wait until the last minute to apply for bail—the earlier you apply, the better your chances. 3. Family members should not collude with each other or exchange information. All communication should be handled through the lawyer. For matters related to criminal defense and bail applications, please contact us for assistance.Criminal defense and criminal case filingThe service provides a comprehensive solution that can be integrated with execution and property disposalCreditor's rights and debts, and enforcementFor cross-border economic disputes involving multiple jurisdictions, the following approach can be referred to for handling them:Business and contract disputes in enterprisesFor the column, you can consult us about interviews and document preparationSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Can family members hire a lawyer directly for someone who has just been detained?

Yes. According to Article 34 of the Criminal Procedure Law, if the suspect is in custody, his guardian or close relatives may appoint a defense attorney on his behalf without waiting for the progress of the case or the approval of the case-handling organ. After the appointment, the lawyer can apply for a meeting with the suspect in accordance with the law. Therefore, the family members should bring all the necessary identity and kinship proofs to handle the entrustment formalities as soon as possible.

Q2: What materials are needed to hire a lawyer?

It usually includes the family members' identity certificates, proof of their kinship with the party concerned (household registration booklets, marriage certificates, etc.), the entrustment procedures of the law firm, and authorization documents. The appointment requirements for visits to different detention centers vary slightly, and lawyers can assist in handling them. If you have received the "Detention Notice", please also provide it, which will help to quickly confirm the case-handling authority and the detention facility.

Q3: How much does it cost to hire a lawyer, approximately?

Criminal defense fees are usually negotiated separately at each stage (investigation, review of prosecution, trial), and the fees are related to the complexity of the case, the lawyer's qualifications, and the related workload; meetings, review of case files, court appearances, and document submissions are all included. Compared with the consequences caused by missing procedural deadlines, the investment in early engagement is usually more cost-effective. For specific quotes, please consult with the law firm in person.

Q4: How long will it take for the case to reach a conclusion?

The duration of criminal cases depends on the procedural stages: the period from detention to review and approval of arrest is generally within 37 days; the investigation period, the review and prosecution period, and the trial period each have statutory arrangements. For simple cases, it takes several months, and for complex or mass cases, it may take even longer. Seizing the first 37 days to strive for non-approval of arrest or bail is the key to influencing the subsequent pace of the case.

Q5: My family member has been arrested. What should I do now?

There are four things to do: confirm the case-handling organ, the detention facility, and the suspected charges, and keep the detention notice; entrust a lawyer as soon as possible and arrange a meeting with him/her; prepare legal materials related to the case for the lawyer to evaluate; and not collude in giving false testimony, pass on improper information, or contact witnesses or victims on one's own. It is advisable to submit the application for bail and legal opinions as early as possible within 37 days.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limits. →Specialised services - legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available 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.