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After an Arrest in China: What Police Do With Their Two Months

Most families wait out these two months. That is the most expensive thing they can do.

By Maggie Ma (Ma Xiuying), Foreign-Related Criminal Defense Team, Zhiheng Law Firm (Shanghai) · Updated 14 October 2026 · 6 min read

Once an arrest is approved, the police get two months, and how those two months go decides how the next few years go. Some families simply wait them out. That is a mistake: the file is being built during exactly that period, and almost everything a defense lawyer can still influence is decided before the investigation closes.

The Two Months Nobody Plans For

After an arrest is approved, the investigating authority normally has two months of custody to finish its work. In complex cases that period can be extended — and for the categories of case where it matters most, it can run considerably longer.

Families tend to treat this stretch as dead time: the arrest decision has gone against them, so nothing happens until the case reaches the procuratorate or the court. In reality this is the period in which the evidence chain is assembled, and it is the last point at which the defense can still affect what goes into the file.

The core point: these two months are not a waiting game. They are where the defense begins.

What the Police Are Doing: Five Things

Investigation is not passive. At least five things are running at once:

1
Questioning the suspect again and again

To lock in their statement. Repetition is the technique; a first answer given in shock becomes a fixed version by the third session.

2
Finding witnesses, and pulling phone and documentary evidence

Witness statements, call records and documents are collected while the suspect is still in custody and cannot reach anyone.

3
Searching, seizing and freezing accounts

Assets and accounts tied to the case are frozen. For foreign defendants this often lands before anyone has explained what it is tied to.

4
Ordering expert examinations

Forensic, accounting, medical and digital data examinations. The resulting opinions carry significant weight later.

5
Checking accomplices, money flows and further crimes

The scope of the case can widen during this window — new suspects, new counts.

In short: they are piecing scattered leads into one complete chain of evidence, getting ready to send the case to the prosecutor.

What a Lawyer Can Still Do: Ten Things

This is when a lawyer matters most. Ten things, in the order they tend to arise:

1. Meet the client — and get there fast

Learn the case and give legal help. Only a licensed Chinese lawyer can enter the detention centre; a foreign lawyer or an online consulting company cannot. See how to screen one.

2. Spell out their rights

In particular, that they may refuse questions unrelated to the case. This is what stops a detainee from being led into a trap in the fourth or fifth session.

3. Act on torture or unlawful evidence gathering

The moment it occurs, work the process: file a complaint or petition. What is not raised at the time is very hard to raise later.

4. Push for review of whether detention is still necessary

Continued custody is reviewable. It is harder once arrest has been approved — but it is still worth fighting, and it is the direct route to release.

5. File a written opinion before the investigation closes

Argue against sending the case on at all, or for a lighter charge. Timing is the point: after transfer, the argument is made to a different reader.

6. Challenge the expert opinions

On any expert opinion the client has been told about, help them apply for a fresh or supplementary examination. Being told about it is itself a right that matters.

7. Work restitution and settlement

Returning money and working towards a settlement is what sets up release on guarantee and, in the right case, a non-prosecution outcome.

8. Guide the family

Talk with the family and guide them through the restitution deposit — the step that most often goes wrong for families abroad, and the one intermediaries exploit.

9. Lock down the list of unlawful evidence

Record it now, so that exclusion can be applied for later. Everything on this list has to be identified while the file is still open.

10. Talk early about pleading guilty for leniency

Early acceptance of guilt and acceptance of punishment can produce a materially lighter sentence — but expectations about the sentence have to be managed honestly, and early.

Each Action Has Its Own Window

Meeting the client, applying for release, filing a written opinion, challenging an expert report — each has its own window, and they do not all close at the same time. A defense plan that starts after the investigation closes has already lost the parts that were cheapest to win.

For how the two-month investigation period fits into the rest of the case, and the circumstances in which it is extended, see how long a foreign-related case takes. If the arrest decision has not been made yet, the relevant clock is the 37-day window instead.

Full Transcript (Edited for Readability)

"Foreigners are arrested in China. The police get two months. And how those two months go decides how the next few years go. Some families just wait out those two months. Here is what is actually happening in them, and what a lawyer can still do.

What the police are doing — at least five things. First, questioning the suspect again and again to lock in their statement. Second, finding witnesses and pulling phone and documentary evidence. Third, searching, seizing and freezing accounts tied to the case. Fourth, ordering expert examinations: forensic, accounting, medical and digital data. Fifth, checking accomplices and money, and checking for further crimes. In short, they are piecing scattered leads into one complete chain of evidence, getting ready to send the case to the prosecutor.

What a lawyer can do — this is when a lawyer matters most. At least ten things.

First, meeting the client: get there fast, learn the case, give legal help. Second, spelling out their rights — refuse questions unrelated to the case, so you don't get led into a trap. Third, working the process the moment there is torture or unlawful evidence gathering, and filing a complaint or petition. Fourth, pushing for a review of whether detention is still necessary, and to change it — harder once arrest is approved, but still worth fighting. Fifth, filing a written opinion before the investigation closes, arguing against sending the case on, or for a lighter charge.

Sixth, on any expert opinion the client was told about, helping them ask for a fresh or supplementary examination — being told is just as important. Seventh, returning the money and working towards a settlement, setting up bail and a non-prosecution outcome. Eighth, talking with the family and guiding them through the restitution deposit. Ninth, locking down the list of unlawful evidence, paving the way to exclude it later. Tenth, early talks on pleading guilty for leniency, managing expectations on sentencing.

So these two months aren't a waiting game — they are where the defense begins. Meeting the client, getting bail, filing a written opinion: each has its own window. So if you've just been detained, get a lawyer in right away."

Questions We Hear From Families

How long can police keep investigating after an arrest in China?
Two months is the standard period of custody after arrest. In complex cases it can be extended, and for the most serious categories considerably longer. This is the period in which the evidence file is assembled and sent to the procuratorate.
Can detention be reviewed after an arrest has been approved?
Yes. The procuratorate reviews whether continued custody is still necessary and, where it is not, should recommend release or a change of measure. It is harder to obtain once arrest has been approved, but it remains worth pursuing.
Can a defense lawyer file an opinion before the investigation closes?
Yes. Before the investigation closes a lawyer may file a written opinion arguing against the case being sent on for prosecution, or for a lighter charge. After transfer, the same argument reaches a different decision-maker with less room to move.
What happens if evidence was gathered unlawfully?
A lawyer should record it immediately and apply for its exclusion later. Where there is torture or unlawful evidence gathering, a complaint or petition can be filed at the time. Evidence not identified while the file is open is difficult to challenge afterwards.
Does pleading guilty early actually reduce a sentence in China?
Acceptance of guilt and acceptance of punishment is a statutory basis for leniency, and raising it early can produce a materially lighter outcome. Sentencing expectations should be managed honestly rather than optimistically.

Inside the Two Months? Every Week Counts

Tell us when the arrest was approved and what the police have done so far. A licensed lawyer will tell you which of these ten steps is still open — in English, usually within 24 hours.

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