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Insights / The Four Deadlines

Day 3, Day 7, Day 30, Day 37 in a China Detention: What Each Means

3, 7, 30, 37 — and the two sevens that families constantly mix up.

By Maggie Ma (Ma Xiuying), Foreign-Related Criminal Defense Team, Zhiheng Law Firm (Shanghai) · Updated 13 October 2026 · 5 min read

If your family member was detained in China last night, the clock is already running. Four numbers govern what happens next, and they are not four separate deadlines — they are parts of one. Two of them are both "seven days", and confusing them is the most common way families misjudge how much time they really have.

Four Numbers, One Clock

From the moment of detention, everything runs toward a single decision: whether the procuratorate approves the arrest. Day 3, day 7, day 30 and day 37 are the waypoints on that road. Read together, they tell you exactly how much time the defense has.

Day 3 — and Why It Often Becomes Day 7

Within 3 days of detention, if the police believe the person should be arrested, they must file the case with the procuratorate for approval of arrest. That is the baseline — 3 days is where it starts.

In special circumstances, the police can take an extra one to four days to file. That makes 7 days the maximum in an ordinary case. So the first "seven" is a police deadline about filing.

Day 30 — Only for Three Categories of Suspect

The 30-day figure is not available in every case. Only for a major suspect in roving offenses, repeat offenses, or gang offenses can the police stretch the filing period to 30 days.

Practical point: if your family member does not fall into one of those three categories, the police filing deadline should be 3 days, extendable to 7 — not 30. Whether the 30-day extension was applied properly is itself worth checking.

The Two Sevens: Don't Confuse Them

This is where families lose track of the real deadline.

Seven #1
How long the police have to file

3 days as a baseline, plus 1–4 days in special circumstances — 7 days at most.

Seven #2
How long the prosecutor has to decide

Once the procuratorate has the paperwork, it has 7 days to approve or deny the arrest. This deadline is independent of the first one.

Put the two longest pieces together: 30 days for the police to file, plus 7 for the prosecutor to decide. That means from detention to the arrest decision — 37 days at most. This is the 37-day golden window.

Which Stage Matters Most

The prosecutor's 7 days is the last gate before arrest. Everything before it builds the file; everything after it becomes much harder to undo. Once arrest is approved, release on guarantee becomes very difficult. If approval is denied, the police must release the person — or move to release on guarantee or residential surveillance.

The arithmetic that matters: 37 days is the window. But those final seven days are where the fight is. A defense plan that starts on day 30 has already given up the cheapest ground available.

What the Lawyer Must Do Inside the Window

A lawyer has to use the 37-day window to do two things, and both have to happen before the prosecutor decides:

  • Meet the client. Only a licensed Chinese lawyer can enter the detention center. The meeting establishes the facts and, critically, prepares the detainee before further questioning — interrogation records become evidence.
  • File a written objection to the arrest. A reasoned submission to the procuratorate, addressing whether the statutory grounds for arrest are met and whether continued detention is necessary.

For the day-by-day version of this window, including what typically happens at each stage and the mistakes that cost families the most, read Detained in China: The First 37 Days. On what release looks like once approval is at issue, see Bail for Foreigners in China.

Full Transcript (Edited for Readability)

"If your family member was detained in China last night, the clock is already running: 3 days, 7, 30, 37. Those four numbers decide whether they walk free.

Start with 3 days. Within 3 days of detention, if the police believe the person should be arrested, they must file the case with the prosecutor for approval. That's the baseline — 3 days is where it starts. In special circumstances, the police can take an extra one to four days to file: seven days at most.

Once the prosecutor has the paperwork, they have seven days to decide — approve the arrest or deny it. Don't confuse the two sevens. One is how long the police have to file; the other is how long the prosecutor has to decide.

Now 30 days. Only for a major suspect in roving, repeat or gang offenses can the police stretch the filing period to 30 days. Put the two longest pieces together: 30 days for the police to file, seven for the prosecutor to decide. That means, from detention to the arrest decision, 37 days at most. This is what we call the 37-day golden window.

Which stage matters most? The prosecutor's seven days is the last gate before arrest. Once the arrest is approved, bail becomes very hard. If it's denied, the person is usually released. So a lawyer has to use this 37-day window to meet the client and file a written objection to the arrest. Thirty-seven days is a window — those seven are where the fight is."

Questions We Hear From Families

What does "day 3" mean after a detention in China?
It is the baseline deadline for the police to file the case with the procuratorate for approval of arrest: within 3 days of detention. In special circumstances they may take an extra one to four days, making 7 days the maximum in an ordinary case.
When does the 30-day deadline apply?
Only for major suspects in roving offenses, repeat offenses or gang offenses. In those three categories the police filing period can be stretched to 30 days; in other cases it should not be.
What are the two "seven days" people confuse?
One is how long the police have to file for approval of arrest (3 days plus 1–4 in special circumstances, 7 at most). The other is how long the procuratorate has to decide — 7 days from receiving the paperwork. They are separate deadlines.
Why is 37 days called the golden window?
Because it is the longest possible period from detention to the arrest decision: up to 30 days for the police to file plus up to 7 days for the procuratorate to decide. It is the window in which release is most achievable.
What should a lawyer do during the 37 days?
Two things, both before the procuratorate decides: meet the client in the detention center to establish the facts and prepare them for further questioning, and file a written objection to the arrest addressing the statutory grounds and whether detention is necessary.
What happens if the arrest is not approved?
The police must release the person, or move to release on guarantee pending trial or residential surveillance. Once arrest is approved, release on guarantee becomes substantially harder to obtain.

Inside the Window Right Now? Every Day Counts

Tell us the detention date and what the police have said. A licensed lawyer will tell you which of the four deadlines applies to your case and what can still be filed — in English, usually within 24 hours.

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