It's useful to hire a lawyer when applying for bail pending trial: lawyers can meet with clients, evaluate the bail conditions according to Article 67, and submit legal opinions. The first 37 days after criminal detention are the golden period. In real cases, clients were granted bail after about 25 days of criminal detention.
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Criminal appeals can be filed on one's own initiative, but a retrial must meet the five conditions set forth in Article 253 of the Criminal Procedure Law; the appeal does not suspend the execution of the judgment, and lawyers reviewing the case files and summarizing the errors can more easily promote a retrial.
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For ordinary fraud, the prosecution standard is 3,000 yuan to over 10,000 yuan, and for telecom and online fraud, the threshold is 3,000 yuan. According to Article 266 of the Criminal Law, the maximum penalty is life imprisonment.
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According to Article 97 of the Criminal Procedure Law, a decision on the application for bail pending trial shall be made within three days. In practice, the application is usually approved within 10 to 30 days. It is most advantageous to apply for bail within 37 days after being detained in criminal custody.
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The crime of aiding and abetting is generally punished by fixed-term imprisonment of not more than three years or criminal detention, and may also be fined or given a single fine; if the amount of payment and settlement is more than 200,000 yuan, it constitutes a serious circumstance. First-time offenders who return the illicit proceeds and admit their guilt and accept the punishment may be eligib...
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The difference between unit bribery and individual bribery lies in the subject and ownership of the benefits. For individual bribery, the maximum penalty under Article 389 of the Criminal Law is life imprisonment; for unit bribery, the unit will be fined according to Article 393, and the responsible person will be sentenced to a maximum of ten years in prison.
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According to Article 93 of the Criminal Procedure Law, after being arrested, the person involved, their close relatives, and their defense attorneys may apply to the procuratorate for a review of the necessity of detention. If it is not necessary to continue the detention, the procuratorate shall recommend the release of the person involved or the modification of the compulsory measures, and provi...
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According to Article 234 of the Criminal Procedure Law, in appellate cases where objections to factual evidence may affect the conviction and sentencing, death penalty cases, and cases where the procuratorate files a counter-appeal, the second-instance trial shall be held in court. If the trial is not held in court, the defendant must still be interrogated, and the appeal period shall be ten days.
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According to Article 77 of the Criminal Law, if a person commits a new crime during the probation period of a suspended sentence, the suspended sentence shall be revoked. According to Article 69, the new crime shall be punished together with the previous crime, and the original sentence shall no longer be exempted. The person will usually face actual imprisonment. However, if the person surrenders...
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The division of inheritance is governed by Articles 1130, 1132, and 1156 of the Civil Code, among others: Generally, the shares of the same rank are equal. Those who fulfill their main obligation of supporting the elderly can receive a larger share. The division of inheritance should be carried out first, followed by the inheritance. The division of inheritance shall not impair the effectiveness o...
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Cremated remains and cemeteries are not part of the estate. Cremated remains carry personal interests, and cemeteries, as burial facilities, cannot be inherited and divided according to Article 1122 of the Civil Code. Disputes over memorial services shall be handled in accordance with public order and good customs, and the amount of inheritance shall be determined based on the evidence of support ...
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According to Article 1141 of the Civil Code, the testator shall reserve a necessary share for the heirs who lack working capacity and have no source of livelihood; minor children are the objects of mandatory reserved share protection, and the unreserved share shall be deducted first and then distributed according to the will.
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Lawyers typically charge a fee per document when witnessing a will. In Beijing, the fee usually starts at thousands of yuan, and it increases depending on the complexity of the estate or the number of documents to be sorted out. In inheritance cases, risk-based fees are not allowed. Before signing the contract, clients should request a written quote and a service list.
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If there are several wills with conflicting contents, the latest will shall prevail in accordance with Article 1142 of the Civil Code; the later will shall be deemed as a revocation of the previous gift, and the lawyer's witnessing can help avoid document conflicts in advance.
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According to Article 1140 of the Civil Code, heirs, legatees, and persons with an interest in them cannot serve as witnesses to wills; if the witness is unqualified, the will written by a proxy or printed will may be invalidated, and the inheritance shall be handled in accordance with the statutory succession rules.
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