Frequently Asked Questions

30 2026-9

Can a person who is detained for suspected fraud be granted bail?

The suspects detained for fraud may be granted bail if they meet the relevant conditions: first-time offenders, making restitution and obtaining the victim's forgiveness, pleading guilty and accepting the punishment, and those who are non-violent and pose no danger to society. According to Article 67 of the Criminal Procedure Law, efforts should be made to secure their release before the review an...

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30 2026-9

After the family member is detained by the police, what is the most comprehensive response process?

After the family member is detained by criminal detention, the following steps should be taken: confirm the detention notice, entrust a lawyer to meet with the detainee, sort out favorable circumstances such as refund and compensation and understanding, and review the application for bail before approval of the arrest. The golden period is during the investigation and approval of the arrest stage.

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30 2026-9

What is the shortest timeframe between criminal detention and the start of a trial?

The duration of criminal detention until the trial date is determined by legal procedures: the case will be concluded within ten days after the acceptance of the summary procedure, and the ordinary procedure will take two to three months; the maximum period of detention before approval of arrest is 37 days, and the investigation detention is generally two months. Pleading guilty and accepting the ...

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30 2026-9

What does corporate criminal compliance include?

Corporate criminal compliance includes identifying criminal risks, establishing internal systems, combating commercial bribery, ensuring data security, ensuring compliance with tax and intellectual property laws, and providing employees with training on criminal legal risks.

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30 2026-9

Will the second-instance trial increase the sentence? How is the principle of "no increase in punishment for appealing" implemented in practice?

The principle of "no increase in punishment upon appeal" means that the second-instance court shall not impose a heavier punishment on the defendant in the case where the defendant appeals; however, there may be statutory circumstances such as prosecutorial protests or remand for retrial, which may result in a heavier punishment. In such cases, the second-instance court shall still conduct a compr...

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30 2026-9

How to find a defense lawyer after being criminally detained?

After being criminally detained, the family should appoint a criminal defense lawyer through formal channels as soon as possible. The lawyer can meet with the detainee in a timely manner, understand the case, submit legal opinions, and apply for a change in the coercive measures.

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30 2026-9

How to determine whether a criminal lawyer has extensive experience?

When assessing a criminal lawyer's experience, one should focus on their professional competence, the quantity and quality of cases they have handled in similar fields, their cross-examination skills, verify their practicing certificates and actual case records, be cautious of unrealistic promises of winning cases, and sign a written contract of entrustment.

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30 2026-9

What does "cross-examination" mean in a criminal trial?

The cross-examination in criminal trials is an activity in which the prosecution and the defense parties examine and challenge the three characteristics of evidence in court. According to the Criminal Procedure Law, evidence must be verified to be true before it can be used to determine the verdict. The quality of the cross-examination directly affects the conviction and sentencing.

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30 2026-9

How to choose a criminal defense lawyer for the second instance?

When choosing a criminal defense lawyer for the second instance, the following factors should be considered: professional relevance, practical experience, and honest communication. The second instance focuses on the facts or legal errors of the first instance, so the lawyer must be able to review the case files, summarize the appeal grounds, and sign a standardized power of attorney contract to cl...

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30 2026-9

How to strive for a non-prosecution during the review and prosecution stage?

During the review and prosecution stage, lawyers can strive for statutory, discretionary, or insufficient evidence non-prosecution; after reviewing the case file, lawyers can submit legal opinions focusing on factual gaps, minor circumstances, or exculpatory reasons. Combined with guilty pleas and restitution agreements, lawyers can strive for pre-trial diversion.

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30 2026-9

What does "bail pending trial" mean?

Bail pending trial is a compulsory measure stipulated by the Criminal Procedure Law, which orders the suspect to provide a guarantor or a surety bond, and temporarily not to detain him/her on the condition that he/she will appear in court when summoned. Whether bail can be granted depends on whether the suspect is likely to be sentenced to imprisonment or a more severe punishment and will not pose...

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30 2026-9

What are the benefits of having a lawyer witness a will?

A lawyer witnesses the will, with a practicing lawyer present to confirm the authenticity of the intention and issue a certificate, thereby enhancing the authenticity of the will and reducing disputes over its effectiveness. The process must be conducted by two lawyers with no conflicts of interest, and it is recommended to simultaneously notarize major property transactions.

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30 2026-9

How can we comprehensively utilize wills, insurance, and trusts to ensure the inheritance of family wealth?

The inheritance of family wealth can be achieved through a combination of wills, insurance, and trusts: wills provide flexible disposal of assets, insurance provides cash flow, and trusts serve to segregate assets and make arrangements across generations. It is recommended to design a comprehensive solution based on the asset structure and goals, and to consult professional lawyers to avoid confli...

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30 2026-9

How can I withdraw the deposits without a will?

To withdraw the deceased's deposits without a will, first determine the legal heirs and handle the inheritance notarization or proceed with the withdrawal based on the court's document; for small amounts, a simplified inquiry and withdrawal process can be used, and the procedure shall be conducted in accordance with the Civil Code and the rules of inheritance.

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30 2026-9

If there's no will, what is the order of inheritance?

If no will is made, the inheritance shall be in accordance with the statutory succession: the first order includes the spouse, children, and parents; the second order includes siblings, grandparents, and grandparents-in-law. According to Articles 1127 and 1123 of the Civil Code, the inheritance shall first be passed on to the first-order heirs, and if there are no such heirs, it shall be passed on...

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