Frequently Asked Questions

24 2026-9

Which are the well-known criminal law firms in China?

When choosing a criminal law firm, consider its areas of expertise, track record of major cases, team's case-handling experience, and fee structure. Henglue's criminal defense team has a track record of securing death sentences in intentional homicide cases and filing charges within three weeks of receiving a case. It is recommended to first conduct a face-to-face consultation and assessment befor...

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24 2026-9

After being granted bail pending trial, will I still be imprisoned and sentenced to prison?

Being granted bail does not mean that the case is over: according to Article 79 of the Criminal Procedure Law, the maximum period of bail is 12 months, and the case will proceed as usual; if the defendant violates the obligations set forth in Article 71, they may be arrested; whether to sentence the defendant will depend on the facts and evidence, and the defendant may strive to obtain a non-prose...

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24 2026-9

What is the process of handling a criminal case?

A criminal case goes through three stages: investigation, review and prosecution, and trial. The maximum duration of criminal detention to approval of arrest is 37 days, the average duration of investigation and detention is two months, the average duration of review and prosecution is one month, and the average duration of first-instance trial is two to three months. Key points should be addresse...

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24 2026-9

Can a daughter who has married inherit her parents' estate?

Yes. According to Article 1126 of the Civil Code, the right of inheritance is equal for men and women, and children are all the first-order heirs according to Article 1127; those who fulfill their main obligation of supporting their parents can receive a larger share according to Article 1130, and the litigation fees shall be paid in accordance with the amount of the subject matter.

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24 2026-9

How can a will be validly established?

A handwritten will, written by the testator himself, signed, and dated with the date and month is valid; for a printed will, two witnesses are required. According to Articles 1134 to 1143 of the Civil Code, it is necessary to check the requirements to avoid formal defects that may lead to the invalidation of the will.

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24 2026-9

How is the distribution ratio of the inheritance in statutory succession determined?

In principle, heirs in the same order shall distribute the inheritance equally (Article 1130 of the Civil Code): those who fulfill their main obligation of supporting the deceased may receive a larger share, while those who fail to fulfill their obligation shall receive a smaller share; first, the spouse's share shall be extracted, and the remaining part shall constitute the inheritance.

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24 2026-9

How to resolve disputes over the eligibility of heirs?

The qualification of an heir is determined in accordance with Article 1127 of the Civil Code: the first order of succession includes spouses, children, and parents; stepchildren who have formed a foster relationship have the right of inheritance; the parties shall first negotiate, and if no agreement is reached, the court shall determine the succession rights.

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24 2026-9

How much does it cost to hire a lawyer for a dispute over the division of inheritance?

The acceptance fee for inheritance cases is calculated based on the value of the subject matter in stages: for a subject matter worth 1 million yuan, the fee is approximately 13,800 yuan; the market-regulated price for attorney fees shall be determined based on the written contract, and the acceptance fee for cases resolved through mediation or withdrawal of the lawsuit shall be paid at half the s...

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24 2026-9

How can a written will be considered valid?

A holographic will requires the presence of at least two witnesses, one person to write it and indicate the date, and all parties to sign it (Article 1135 of the Civil Code); keeping audio and video recordings and having the witnesses appear in court can effectively address disputes over its authenticity.

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24 2026-9

Can the custody of children be mediated?

Custody rights can be mediated. According to Article 1079 of the Civil Code, the court shall conduct mediation when hearing divorce cases, and custody and visitation can be agreed upon together. The mediation agreement shall have the same legal effect. As a general rule, children under the age of two shall be directly raised by their mothers.

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24 2026-9

Is it illegal for the other party to transfer assets before divorce?

According to Article 1092 of the Civil Code, if a person transfers jointly owned property before divorce, they may be awarded a smaller share or no share at all; if the transfer is discovered after divorce, the party concerned may request a re-division of the property within three years from the date of discovery.

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24 2026-9

How to handle the division of marital property in a cross-border marriage?

In China, jurisdiction over transnational divorces is vested in the place where the parties have their habitual residence; the applicable law for property matters is determined in accordance with Article 24 of the Law on the Application of Laws to Foreign-related Civil Relations, and the division of jointly owned property is governed by Article 1087 of the Civil Code.

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24 2026-9

Who gets custody of the child under the age of two?

According to Article 1084 of the Civil Code, children under the age of two are generally raised by their mothers; for children over the age of two, the decision shall be made based on the principle that is most beneficial to the minor children, and the alimony shall be determined with a reference range of 20% to 30% of the income.

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