Guide

Criminal procedure

1. 1

   Detention

   Usually 3 days, up to 7; up to 30 days for gang/repeat/serial cases, then 7 days for arrest review (max 37)

   Family can

   • Confirm the detention centre and case-handling agency
   • Retain a defense lawyer as early as possible
   • Deposit living expenses per centre rules

   Lawyer can

   • Meet the detainee and learn the facts
   • Learn the suspected offence from investigators
   • Apply for bail pending trial
2. 2

   Arrest review

   Procuratorate decides within 7 days

   Family can

   • Keep in touch with the lawyer
   • Prepare materials supporting bail (job, residence, health)

   Lawyer can

   • Submit a written opinion against arrest
   • Raise reasons there is no need for arrest
3. 3

   Investigation

   Generally 2 months after arrest, extendable

   Family can

   • Do not contact witnesses or interfere with evidence
   • Provide the lawyer with mitigating material

   Lawyer can

   • Regular meetings
   • Apply to change coercive measures
   • Apply for review of the necessity of detention
4. 4

   Prosecution review

   1 month, up to 1.5 months; may be returned for supplementary investigation

   Family can

   • Discuss plea/leniency options with the lawyer
   • Prepare compensation/forgiveness where relevant

   Lawyer can

   • Review and copy case files
   • Submit defense opinions, seek non-prosecution
5. 5

   First instance

   Generally 2–3 months after acceptance

   Family can

   • Attend the public hearing
   • Prepare character evidence

   Lawyer can

   • Court defense, cross-examination
   • Move to exclude illegally obtained evidence
6. 6

   Appeal

   Appeal within 10 days of receiving the judgment

   Family can

   • Decide on appeal with the lawyer within the deadline

   Lawyer can

   • Draft appeal and defend at second instance

These are the maximum statutory periods; follow the authorities' notices.