[Direct answer]In the Beijing area, there is direct assistance, especially in the review and approval of arrests and the review and prosecution stages. According to Article 39 of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018), defense lawyers can meet and communicate with detained criminal suspects and defendants. The value of the meeting lies in verifying the suspected charges and facts, understanding the interrogation process and detention status, explaining the law and rights and obligations to the client, stabilizing their emotions to avoid making inappropriate statements, and preparing bail applications and defense materials based on this. The conditions for applying for bail are set out in Article 67 of the same law, including cases where the suspect may be sentenced to control, detention, or an additional punishment applied independently; cases where the suspect may be sentenced to fixed-term imprisonment or above, and the application for bail will not pose a social danger; cases where the suspect suffers from serious diseases or is unable to take care of themselves; cases involving women who are pregnant or breastfeeding their own babies; and cases where the detention period has expired but the case has not been completed yet. Action guidance: Hire a lawyer to meet with the client and submit a bail application as soon as possible within the 37-day window from detention to review and approval of arrest.
I. Problem Background and Typical Scenarios
The most pressing concern of families is often whether a lawyer can secure their loved one's release. There is no guarantee of "successful release" in criminal cases, but there are procedural avenues that can be pursued—such as bail pending trial, refusal to approve arrest, and non-prosecution. A meeting with the lawyer is the first step in initiating these efforts: without understanding the case details and the client's situation, any application lacks a solid foundation.
II. Key points of dispute
First, the legal basis and restrictions for meetings during the investigation stage. Second, what useful information can be obtained from the meetings for bail application. Third, the applicants for bail and the review standards. Fourth, the connection between the meetings and subsequent defense.
III. Professional analysis by Henglue Lawyers
The role of attorney-client meetings in securing bail can be understood from four aspects. First, information foundation: Attorney-client meetings allow defense lawyers to understand the suspect's alleged crime, the process of being subjected to compulsory measures, the content of interrogations, and the suspect's physical and mental state. This information is a prerequisite for assessing social dangerousness and formulating grounds for bail. At the same time, it can verify whether there are illegal situations such as forced confessions and excessive detention, providing materials for procedural defense. Second, stabilizing evidence and communication: When facing interrogation for the first time, suspects are easily influenced by emotions and fear. Lawyer's legal explanations and communication can help them accurately express facts, exercise their rights according to law, and avoid making statements that do not match the actual situation due to misunderstandings, which directly affects the subsequent characterization and bail assessment. Third, applying for bail: According to the application conditions of Article 67 of the Criminal Procedure Law, lawyers can combine the suspect's physical condition (serious illness, pregnancy or lactation), the nature of the case and its harmful consequences, whether the suspect is a first-time offender or a habitual offender, and mitigating circumstances such as pleading guilty and returning illicit gains to form an application opinion with factual and legal basis. The first-hand information obtained during the meeting is the key to supporting these grounds. Fourth, linking stages: In a case of illegal absorption of public deposits handled by Henglue Law Firm, the suspect absorbed a large amount of funds during his tenure. The defense attorney made great efforts to secure bail for the client during the review and prosecution stage and put forward defense opinions based on the client's first-time offender status, truthful confession, plea of guilty, active return of illicit gains, and being an accomplice during the trial stage. In the end, the court sentenced the client to two years in prison with a three-year probationary period and fined him. The defense attorney's opinions were accepted. This case was handled by Beijing Henglue Law Firm.Xue SuhuaThe lawyer (practice license number: 11101201211769926, subject to the document issued by the judicial administrative organ) acts as the agent. This case shows that the real information obtained through meetings and continuous communication is the cornerstone for securing bail and obtaining lenient treatment. Fifth, practical tips: Meetings must be scheduled in accordance with the law and comply with regulatory requirements. Family members are not allowed to pass on illegal information through lawyers. For crimes involving multiple victims and economic crimes, it is often necessary to combine case files and financial materials to comprehensively demonstrate the social danger. Therefore, meetings, review of case files, and evidence presentation should be carried out simultaneously. The case-handling authorities in the Beijing area have relatively standardized reviews of bail pending trial. Solid materials and well-reasoned arguments are the key to obtaining support.
IV. Practical suggestions and legal basis
The first step is to complete the entrustment procedures and make an appointment for a meeting as soon as possible to grasp the first-hand information. The second step is to evaluate the conditions for bail based on the information from the meeting and prepare materials related to the defendant's physical condition, family background, and social connections. The third step is to submit the application for bail and legal opinions within the statutory time limit, and if necessary, simultaneously put forward opinions against the arrest. The fourth step is to review the case file and defense opinions during the prosecution stage to strive for lenient treatment. Main legal basis: Article 34, Article 39, Article 67, 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; and the specific application shall be subject to the currently effective provisions.
5. Henglue Law Firm's Reminder
Three key points for meetings and bail applications: A meeting is a prerequisite for bail application. Only by understanding the case details and the defendant's situation can we discuss the conditions; The first 37 days are the golden window period for applying for bail. Applications should be submitted early and the reasons should be reasonable; We do not promise results or seek connections. Everything should be done in accordance with the law. For matters related to criminal defense and bail pending trial, you can contact us via the following channels:Criminal defense and criminal case filingThe service provides a comprehensive solution, which can be combined with property disposal and enforcementCreditor's rights and debts, and enforcementFor cross-handling of economic disputes involving multiple jurisdictions, you can refer to the relevant provisions in the Guidelines for the Handling of Cross-Border Economic Disputes issued by the Supreme People's Court.Business and contract disputes in enterprisesFor the column, you can consult us about the interview and document preparationSpecial servicesTeam.
VI. Frequently Asked Questions
Q1: Can the lawyer secure bail for the client after the meeting?
There's no guarantee. Meetings are necessary steps to understand the case and prepare the application. Whether bail can be granted depends on the nature of the case, the assessment of social danger, and whether there are statutory or discretionary circumstances such as serious illness, pregnancy and lactation, first-time offenders, and admitting guilt and compensating for losses. Meetings improve the quality and success rate of the application, but they don't guarantee a positive outcome.
Q2: What preparations are needed for the meeting, and can family members attend together?
Generally, lawyers make appointments for meetings with clients based on the power of attorney and their practicing certificates, and family members are not allowed to attend the meetings. Family members should prepare identity proofs, proofs of kinship, and materials that can reflect the client's physical condition and social relations, for the lawyers to evaluate the conditions for bail; the content of the meetings involves the case, and the lawyers will keep it confidential according to the law, so family members should not inquire about the details.
Q3: How much does it cost to secure bail?
The main expenses are attorney fees, which are usually negotiated according to the stages of investigation, review of prosecution, and trial. Bail pending trial may also involve a security deposit or a guarantor. The fees are related to the complexity of the case and the amount of work required. It is recommended to clarify the scope of services and charging methods with the law firm, and to honestly explain the case situation, so as to develop a reasonable plan.
Q4: How long will it take to know the result of the bail application after the meeting?
After the application for bail pending trial is submitted, the case-handling organ shall respond whether to approve it within the statutory time limit, which is usually several days to several weeks in practice; the 37 days from detention to the approval of arrest for review is a critical window. If the procuratorial organ does not approve the arrest, it will usually be changed to bail pending trial or residential surveillance. The specific pace depends on the case and the arrangement of the case-handling organ.
Q5: If the defendant wants to secure bail, what can the family do now?
There are three things to do: First, handle the entrustment as soon as possible and arrange a meeting to grasp the situation of the case; Second, prepare materials that can prove the legal circumstances, such as medical records, pregnancy checkup or breastfeeding certificates, family guardianship situations, etc.; Third, actively cooperate with the mitigating circumstances such as returning the illicit gains and obtaining understanding. It is strictly prohibited to collude in giving false testimony, passing messages, or attempting to influence the case through improper channels.
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, to avoid missing the statutory time limit. →Specialised services - Legal services·Beijing Henglu Law Firm
Disclaimer: This article is compiled based on current effective 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.