We have successfully represented several foreign clients involving criminal cases in Shanghai, and helped them avoid a prison sentence, including intentional injury and illegal drug possession. In China, what can a criminal defense attorney do?
According to the criminal procedure law of the PRC, a defense attorney may provide legal assistance to the suspect during the investigation period as follows:
- Meet and communicate with the criminal suspect in custody to enquire about the case.
- Petition the court for release of the suspect on bail or guarantee
- Conduct an investigation and obtain all the facts from the investigation department about the crime that the client is accused of.
- During the investigation, acquire and duplicate the judicial documents pertaining to the case
- Present the materials, evidence and opinions to the court to support the innocence of the criminal suspect and achieve a not guilty verdict.
You need a criminal defense attorney to help you take full advantage of the first 37 days that are critical for a criminal defense. In China, we call this the golden 37 days; it is composed of 2 periods of firstly 7 days and then the following 30 days.
After the police department arrests a suspect, it will submit a request to the People’s Procurator for examination of the indictment and approval within 7 days after the initial detention of the suspect. For complicated cases, (and this applies to the majority of situations), the period may be extended by 30 days.
The Procurator decides to support, or deny, the request within the 7 days permitted.
During these 37 days, the attorney will collect all the evidence, determine if there was any illegal detention，or extortion of confessions by torture. They will determine whether there are any conditions relating to the triviality of the crime, or the existence of mitigating circumstances, or exemption from criminal responsibility, and they will safeguard the lawful rights and interests of the criminal suspect.
According to the statute, after the criminal suspect is questioned by an investigation department for the first time or from the day on which the suspect is detained, they may appoint a lawyer to provide themselves with legal advice and to file petitions and complaints on their behalf.
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