Criminal Defense & Compliance

A suspect may appoint a defence lawyer from the first interrogation or the first coercive measure. A guardian or close relative may appoint counsel for a suspect in custody. During investigation, counsel may meet the suspect, learn the alleged offence, apply to change coercive measures and submit opinions, which strongly affects whether arrest is approved.

When defence counsel presents a practising certificate, a firm letter and a power of attorney or legal aid letter, the detention centre must arrange the meeting promptly and within 48 hours at the latest. In cases of endangering state security or terrorism, meetings during investigation require the investigating authority's permission.

Common grounds include: a likely sentence of public surveillance, criminal detention or a supplementary penalty only; a likely prison sentence where bail would pose no social danger; serious illness, inability to care for oneself, pregnancy or breastfeeding, where bail would pose no social danger; and expiry of the custody period before the case is concluded. Counsel builds the application around social danger, restitution and the suspect's attitude.

Under the corporate compliance reform, prosecutors may set a compliance review period for eligible companies. Where the company completes remediation under its compliance plan and passes evaluation, prosecutors may decide not to prosecute or recommend a lenient sentence. Remediation should target the management gaps exposed by the case and produce verifiable policies and records.