Questions families often ask
Can we see him or her?
During the investigation and prosecution review stages, family members generally cannot visit a detained person, but they can appoint a defense lawyer on the detainee's behalf. In Chinese criminal proceedings, the defense lawyer must be licensed in China; foreign lawyers cannot act as defense counsel. After being appointed, Mr. Yin meets the client as soon as possible, explains his or her rights and, within the scope the client permits, updates the family in English.
Can he or she be released?
Up to 37 days can pass between criminal detention and the procuratorate's decision on whether to approve arrest. This is the key window for seeking release. Mr. Yin applies for bail and argues against approval of arrest; after arrest, he can request a review of the necessity of continued detention.
Can prosecution be avoided?
Once the case is transferred for prosecution review, the defense can read the full case file. Mr. Yin reviews the evidence item by item and asks the procuratorate not to prosecute where the facts are unclear, the evidence is insufficient or the circumstances are minor.
What sentence is likely, and is a suspended sentence possible?
The amount involved, the client's role and factors such as surrender, confession, restitution and forgiveness from the victim all affect the sentence. Mr. Yin works to reduce the amount found, clarify individual responsibility and present every mitigating factor.
Should he or she plead guilty or make restitution?
Chinese law allows leniency for guilty pleas, restitution and settlements with victims, but whether and when to take these steps can change the outcome. Mr. Yin explains the options and their consequences so that the client and family can decide.
What if a judgment is already final?
A final judgment that is wrong can be challenged through a petition and retrial. Mr. Yin re-examines the whole record and looks for grounds and new evidence that could change the result.
Results in past matters have included refusals to approve arrest, release on bail, decisions not to prosecute, suspended sentences for clients who had already been arrested, a fraud amount reduced from nearly RMB 4 million to RMB 350,000, and a ten-year sentence reduced below the statutory minimum on retrial with the approval of the Supreme People's Court.