Frequently Asked Questions

23 2026-10

Can criminal lawyers guarantee acquittal?

Criminal lawyers cannot guarantee acquittal, and the outcome depends on the evidence and judicial determination. Lawyers strive to secure bail, non-prosecution, probation, or lenient sentences in accordance with the law. Any promise of guaranteed victory is against the rules. According to Article 37 of the Criminal Procedure Law, defense attorneys may put forward opinions on acquittal or lenient s...

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23 2026-10

What can lawyers do during the review stage of the death penalty case?

During the review stage of the death penalty, lawyers can meet with the defendant, review the case files, and submit written defense opinions to the Supreme People's Court, raising objections regarding the facts and evidence, sentencing circumstances, and procedural legality. According to Article 246 of the Criminal Procedure Law, the death penalty must be approved by the Supreme People's Court.

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23 2026-10

My family member has been criminally detained. Is it useful to hire a lawyer?

It is useful to hire a lawyer after a family member is detained by the police: the lawyer can meet with the detainee in a timely manner, understand the case, apply for bail pending trial, and submit legal opinions. According to Articles 34 and 39 of the Criminal Procedure Law, lawyers can intervene in the case from the moment the detainee is interrogated or subjected to compulsory measures.

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23 2026-10

What is the mandatory reserved share system?

The mandatory reserved share in the will must reserve a necessary share for heirs who lack the ability to work and have no source of livelihood. The unreserved share shall be deducted first. According to Article 1141 of the Civil Code, the purpose is to guarantee the basic living of vulnerable heirs.

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23 2026-10

Who will be the trustee of the testamentary trust?

The trustee of a testamentary trust is appointed by the will and may be a natural person, a legal person, or other organization. If no trustee is appointed or the appointed trustee is unable to serve, the beneficiary shall appoint a trustee or the court shall appoint one. According to Articles 13, 24, and 39 of the Trust Law, the trustee must have full capacity for civil conduct.

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23 2026-10

How can a testamentary trust be established to be effective?

A testamentary trust is established in accordance with the Trust Law and the Civil Code. It requires that the will be valid, the purpose be clear, the property be identified, and the trustee be appointed; and the donee must accept the gift within 60 days. It is recommended to clarify the terms and select a qualified trustee.

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23 2026-10

What exactly is the difference between bequeathing and succession by will?

The core difference between the two lies in the subject and the acceptance of the rules: in the case of testamentary succession, the beneficiaries are the statutory heirs, who are deemed to have accepted the inheritance by default; in the case of legacies, if the objects of the legacy are people other than the statutory heirs, they must expressly accept the legacy within 60 days. If the deadline i...

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23 2026-10

Is it valid for the donee to be a legal heir?

The donee must be a person other than the statutory heir; if the beneficiary is already a statutory heir, the arrangement belongs to testamentary succession rather than gift, and the rules for accepting them are different. According to Articles 1133 and 1162 of the Civil Code.

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23 2026-10

Can the legacy maintenance agreement be terminated after it's signed?

A legacy maintenance agreement is a bilateral contract. If one party fundamentally breaches the contract, the other party may terminate it; if the caretaker fails to fulfill his obligations, he will not be entitled to receive the legacy, and the legator who breaches the contract shall repay the maintenance fees. This shall be handled in accordance with Article 1158 of the Civil Code.

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23 2026-10

Can the cooling-off period for divorce be subject to mediation?

The divorce cooling-off period only applies to divorces through civil agreements, and does not restrict divorces through court mediation. If an agreement is reached during the cooling-off period, the parties can still file a lawsuit and the court will issue a mediation document. The mediation document has the same legal effect as a court judgment.

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