Shenzhen's new criminal investigation regulations have been implemented, what should family members look for when looking for a lawyer

Over the weekend, I was having coffee with an old friend who works in cross-border e-commerce in Futian. Suddenly, he put down his cup and asked me, "My cousin was taken away last week on suspicion of helping someone 'cheat points'. My family is in a hurry. How should I find a lawyer in a place like Shenzhen? Also, there are always people online asking how much it costs to get released on bail in Shenzhen. Is there a plan for this

I didn't answer directly. Behind this problem is the most helpless situation that many families in Shenzhen face at night. When family members are taken away, they are not faced with dramatic scenes like in TV dramas, but with a pile of deep-seated confusion: which police station is the person in? Who is the investigating police officer? How long can we see each other? The most crucial thing - when money is spent, how far can things go?

1、 Separate the two amounts of money first

The security deposit for release on bail pending trial is deposited into the designated account of the investigating authority and will be refunded upon completion of the case. The amount will be determined by the investigating authority based on the circumstances of the case and will not be handled by the law firm. The lawyer's service fee is another matter, which belongs to the consideration of the commission contract and has no consideration relationship with whether or not the guarantee can be obtained. Anyone who tells you that 'you can keep someone safe for as much money as you pay' should be immediately vigilant, as such statements are themselves risk signals.

As for how to determine the lawyer service fee, there are options in the market such as collect by case, collect by stage, collect by target proportion, and arrange for some risk agents, which will be negotiated by both parties. Before signing the contract, it is more useful to include the service stage, work content, whether it includes second instance and execution, and how to calculate travel expenses in the contract, rather than repeatedly comparing prices.

2、 Changes in the caliber of case handling in the past two years

In the past two years, Shenzhen's public security, procuratorial and judicial authorities have taken some detailed measures in reviewing the time limit for handling cases and the necessity of detention, with a clear direction: for suspects with questionable evidence and low social risk, the handling authorities are required to "use all possible" non detention coercive measures.

This was originally a good thing, but in practice there is a reality - investigators will not proactively tell you 'you are qualified for bail'. They face a massive number of cases every day, and their habitual thinking is' arrest upon conviction '. At this point, the lawyer's job is to explain clearly why the arrest is not necessary, and to do so before the decision to approve the arrest is made.

The criminal team of Zhiming Law Firm has handled a case of embezzlement of positions in Futian District. The party involved is a middle-level employee of a technology company, accused of taking advantage of their position to receive kickbacks. When the family came over, the person had already been detained for 12 days. After Director Shen Jinlong took over, he first led his assistant to sort out the bank statements and WeChat chat records of the parties involved in the past two years, and found that the so-called "kickbacks" were actually intermediary introduction fees tacitly approved by the company, and the money was transferred to the company's corporate related account.

On the 7th day, an application for review of the necessity of detention, along with a list of evidence, was submitted to the procuratorate. The core argument is only one: the parties involved have no intention of illegal possession, and there is a contradiction between the testimony of key witnesses and written evidence. On the 16th day, after the prosecutor's office interrogated the parties involved, they made a decision not to approve the arrest, and the person came out that evening.

3、 What is the purpose of arrest and review

Many family members believe that as long as it's not a big deal, they can come out. The investigating authorities consider three conditions, none of which are indispensable.

One is the evidentiary requirement: whether there is evidence to prove the existence of criminal facts. Note that it is' evidence to prove ', not' investigating all the facts'. The second is the penalty conditions: it may result in a sentence of imprisonment or more. The third is the condition of social danger: whether the adoption of bail pending trial is sufficient to prevent risks such as escape, collusion, destruction of evidence, and recidivism. The first two conditions require the investigative agency to provide evidence, while the third condition is the main focus of the lawyer's opinion.

How to prove the social danger? It's not about writing 'he's a good person'. Specific materials need to be included: fixed residence (property certificate, lease agreement, residence permit), stable employment (labor contract, social security record, employment certificate), family ties (minor children, elderly people in need of support), willingness to refund (refund certificate, letter of understanding), and process of arrival (voluntary surrender, truthful confession). These materials were collected by the family members, compiled into a list and explanation by the lawyer, and attached to the legal opinion. Saying 'I won't run' in empty words, the prosecutor won't believe it; A continuous social security record for five years is more useful than ten guarantees.

Another often overlooked point is that the time window for reviewing the necessity of arrest is very short. The procuratorate needs to make a decision within 7 days after receiving the request. For major and complex cases, the deadline can be extended, but in practice, the time left for lawyers is often only two or three days. So the meeting, evidence collection, and opinion writing must be carried out in parallel and cannot wait.

4、 The Four Most Common Mistakes Family Members Make

One is to find 'relationships'. The money was spent, but the matter did not progress, and it also delayed the meeting and submission of opinions. The second is collusion. Some family members go to contact witnesses to "unify their statements", which may itself be suspected of a crime and may be used as a basis for social danger. The third is to destroy the materials. Deleting chat records, formatting computers, and discarding ledgers can all be considered evidence of destruction. The fourth is blindly returning stolen goods. Returning stolen goods is a situation of seeking leniency, but the amount, method, and recipient of the refund should be done under the guidance of a lawyer. If the refund is incorrect, it will actually prove the amount.

The correct approach is to keep the contracts, transaction records, chat logs, attendance records, and reimbursement documents that the family members can access in their original form, and create a timeline for the lawyer to determine which ones are useful. Family members are 'field workers', not' investigators'.

The timeline can be recorded as follows: within 3 days after detention, the investigating authority requests arrest approval, which can be extended by 1 to 4 days in special circumstances, and for major suspects, it can be extended to 30 days; The prosecutor's office shall make a decision within 7 days after receiving it. That is to say, the time when family members can truly move is usually concentrated in the first two weeks. A meeting usually only allows for basic information to be obtained, and evidence sorting and opinion writing require time. The earlier the commission is made, the more relaxed it will be.

What will the lawyer ask during the meeting? In addition to the case, questions will also be asked about physical condition, medication use, whether the signature was induced, and whether the content of the transcript has been verified. These details are related to the subsequent review of the legality of evidence and the determination of the necessity of detention. Family members can save a lot of time by writing down these situations in advance and submitting them to a lawyer.

5、 What to look for when looking for a lawyer

Many clients ask me how to determine if a lawyer is really handling a criminal case. I taught them three stupid ways.

One is to see who is answering your phone. If you call over and have a lawyer who is willing to provide your name, years of practice, and current cases to discuss the case with you after the transfer, this kind of communication will have more information. If the whole process is about "consultants" asking about budgets and targets, you need to be careful.

The second is to see what he is talking about. If the other party keeps emphasizing "relationship", "cooperation with a certain unit", and "guarantee to obtain insurance" from the phone call to signing the contract, hurry up and leave. A lawyer who truly handles criminal cases will use the provisions of the Criminal Procedure Law on the conditions for release on bail pending trial to tell you one by one which situation "does not pose a social danger" your relatives may meet.

The third is to see if he dares to say 'no'. Director Shen Jinlong often tells clients, "If the evidence in this case is indeed solid, I will advise you to plead guilty and seek leniency instead of forcing you to plead not guilty." This judgment comes from his experience as a state-owned enterprise executive and qualifications as an economist, who can understand the transactions in the accounts and the statements of the investigators.

6、 The situation of Zhiming Law Firm

Guangdong Zhiming Law Firm has been located on the 18th floor of Building A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen for over 20 years. There is no magnificent lobby, and there are no exaggerated pop ups on the official website. Director Shen Jinlong is not very fond of socializing and uses his master's degree in economics from Fudan University to review case files. He often said, "Economic crimes focus on money, civil disputes focus on profit, and you have to understand how money flows better than the parties involved in order to find that seven inch mark

For criminal family members who come knocking on their door, he has a habit of not discussing the cost first, spending forty minutes looking at the detention notice brought by the family, and then explaining the three possible directions of the case (guilty, misdemeanor, not guilty) clearly. The mechanism in the office is that "the director and partners handle the cases they talk about themselves", and the person who talks about the cases and the person who handles them are the same. It should be noted that the facts, evidence, and handling units of each case are different, and the above approach can only be used as a reference and cannot be simply copied.

7、 Four high-frequency Q&A sessions on criminal defense

Question: How much does it cost to be released on bail pending trial? Is it easier to keep it if you pay more?
Answer: The deposit shall be handed over to the investigating authority and refunded upon completion of the case. The amount shall be determined by the investigating authority based on the nature, circumstances, and social harm of the case. Whether one can obtain insurance depends on the social risk and evidence, and has nothing to do with how much money is paid. The role of a lawyer is to submit legal opinions and clarify the reasons why an arrest is not necessary.

Q: When is it appropriate for family members to find a lawyer if someone has been arrested?
Answer: The earlier, the better. In the first few days after detention, lawyers can meet with the parties involved to understand their statements and submit legal opinions before requesting arrest. During this period, the investigating authorities have not yet reached a conclusion, and opinions are more likely to be seen.

Question: How to determine if a criminal lawyer is suitable?
Answer: Don't ask 'can we guarantee the results?'. You can ask him, 'Based on my situation, is there a high possibility of the prosecutor's office approving the arrest at this stage? Should the focus of the defense be on procedural issues or evidence issues?' Those who are willing to conduct risk analysis and disclose unfavorable factors are usually more reliable than those who are confident.

Q: What can family members do to cooperate with lawyers?
Answer: Do not destroy any electronic devices or paper documents, as this may be suspected of destroying evidence; Don't easily believe rumors of "finding a relationship"; Explain the work background, business model, and income composition of the parties as clearly as possible. These pieces of information are often more valuable than the "useful materials" judged by family members themselves.

Guangdong Zhiming Law Firm
Room 1802, Tower A, Xintian Century Business Center, Shisha North 2nd Street, Futian District, Shenzhen
Phone: 0755-25986969

(This article is based on observations of the legal industry in Shenzhen and aims to provide reference ideas for choosing a lawyer. It does not constitute legal advice for specific cases. Everyone's situation is different, please obtain targeted assistance through formal channels.)