Criminal Defense in China

In criminal cases, earlier involvement often creates more room to act.

Can the person be released? Will the case be prosecuted? What sentence might follow? What happens to frozen assets? Each stage, from detention and arrest review to prosecution review and trial, calls for a different defense focus.

Liangjun Yin previously worked in public security. He is now a partner at W&H Law Firm and Deputy Director of its Criminal–Civil Disputes Department, with a practice focused on economic crime, business-related crime and major, complex criminal cases.

Examine the evidence from an investigator’s perspective

Scrutinize how investigators gathered and assessed the evidence, whether the evidential chain supports the allegations and whether the legal characterization is sound.

Clarify criminal liability through contracts and fund flows

Review the background to transactions, fund flows and each person’s actual involvement, distinguish commercial disputes from criminal offenses and check the amounts alleged.

Protect liberty, business and property

Alongside the defense, examine seizure and freezing measures affecting personal assets and business operations.

Selected outcomes

Arrest not approved / release on bail: Mr. Feng’s illegal public-deposit-taking case in Beijing ended with arrest not approved; Mr. Tian obtained release on bail in a Beijing case involving occupational embezzlement and bribery by a non-state employee.
Non-prosecution: Mr. Huang’s computer-program case in Hunan ended without prosecution, with company and personal assets unfrozen; Mr. Chen’s occupational embezzlement and misappropriation case in Jilin also ended without prosecution.
Reduced amount and sentencing range: In Mr. Wu’s fraud case in Hebei, the amount was reduced from nearly RMB 4 million to RMB 350,000, avoiding the sentencing range starting at ten years.
Suspended sentences after arrest: Mr. Zhao in Henan and Mr. Niu in Hebei, both in cases involving operating a gambling establishment.
Retrial: In Mr. Jing’s firearms case in Shandong, the ten-year sentence upheld on appeal was reduced below the statutory minimum on retrial, with approval from the Supreme People’s Court.

Read the selected matters. Every case turns on its own facts and evidence; past results do not guarantee outcomes in other matters.

Main services

Meetings during investigation · Bail and arrest review · Prosecution review and non-prosecution submissions · Trial and appeal defense · Economic and business-related crime · Petitions and retrials · Criminal-case assets

What a defense lawyer can do for you

Meet the person in custody and understand the case. After accepting an engagement, meet the client, explain procedural rights and communicate with the family within the scope the client agrees to.
Seek release or review of detention. Assess the facts and evidence, apply for release on bail pending trial, submit opinions against approval of arrest, or seek a review of the necessity of continued detention after arrest.
Review the file and prepare defense submissions. At the prosecution-review stage, examine the case file, evidence, alleged amounts and individual responsibility, and seek non-prosecution where supported by the case.
Present the defense and assess sentencing. Address factual findings, application of the law and sentencing factors, explain the implications of a guilty plea or restitution, and seek a lighter sentence or suspended sentence where appropriate.
Address assets and assess further remedies. Examine the basis and scope of seizure or freezing measures and seek release of assets that should not be held; review evidence and the basis of a final judgment to assess a petition or retrial.

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.