The lawyer submits a written opinion requesting a hearing [Prosecutor’s Office prosecution stage]

In the context of the reform of the litigation system that integrates arrests and prosecutions, public prosecutors shoulder the dual functions of approving arrests and prosecuting cases, and will review and approve arrests with more stringent standards. Article 88 of the Criminal Procedure Law of the People's Republic of China clearly stipulates:

When the People's Procuratorate reviews and approves an arrest , it may question witnesses and other litigation participants and listen to the opinions of the defense lawyer ; if the defense lawyer makes a request , the People's Procuratorate shall listen to the opinions of the defense lawyer.

In practice, defenders should fully understand and apply the regulations. When the facts of the case are unclear, the evidence is insufficient, and the conditions for arrest are not met, they should actively intervene within the statutory time, fully consult with the investigation and prosecution departments, put forward written suggestions, and exhaust all possible reasons. Do everything possible to obtain the most favorable outcome for the suspect and lay a solid foundation for subsequent defense. During the prosecution stage of the procuratorate, the defense lawyer recommends submitting a written opinion and requesting a hearing on whether to approve the arrest of the suspect. The specific operations are:

• Submit written opinions to the investigative agency, fully demonstrate various favorable factors for not arresting the criminal suspect, and strive to obtain bail pending trial.
• Submit written opinions to the case handling personnel of the inspection agency.
• Make an appointment with the case handler and state the reasons face to face.
• Apply to the prosecutor's office for a hearing to review the arrest.