By the Foreign-Related Criminal Defense Team · Zhiheng Law Firm (Shanghai) · Updated September 2026 · 9 min read
If your family member has been taken by police in China, you are probably reading this in the middle of the night, from another country, with more questions than answers. This guide explains — in plain English — the single most important fact in Chinese criminal procedure: the first 37 days after detention are the window in which release is most achievable. After that, the road gets much harder.
1. What "Detention" Actually Means in China
In China, criminal cases begin with criminal detention (刑事拘留) — not with an arrest, and not with a charge. Police may detain a suspect for investigation before any prosecutor or court is involved. Three things follow immediately:
- The person is held in a detention center (看守所), not a police station cell, usually within 24 hours.
- Family visits are not allowed. Only a licensed Chinese defense lawyer has the legal right to meet the detainee.
- A detention notice (拘留通知书) is issued to the family or employer, stating the suspected offense and the place of custody. If you have it, send us a photo — it tells us a great deal.
Key point: detention is not a conviction, and not even a formal charge. A large share of cases are resolved — by release, bail or non-arrest — inside this first stage. That is why what you do now matters so much.
2. Why 37 Days: The Legal Clock, Explained
Chinese criminal procedure sets a hard outer limit on pre-arrest detention, and it breaks into two parts:
- Up to 30 days — the maximum period police may investigate before they must either release the person or ask the procuratorate (public prosecutors) to approve a formal arrest.
- Up to 7 days — the period prosecutors then have to approve or reject the arrest request.
30 + 7 = 37 days. This is why defense lawyers call it the golden window: before formal arrest is approved, there are two separate decision points — the police decision to request arrest, and the prosecutor's decision to approve it — at which a well-argued legal opinion can stop the case from hardening.
Why it matters: approval rates for formal arrest in China are high. Once arrested, pretrial release becomes the exception rather than the rule, and the case typically runs for months toward prosecution and trial. The realistic opportunities for early release concentrate overwhelmingly inside these 37 days.
3. Day by Day: What Happens, and What to Do
Day 1
Detention & first interrogation (within 24 hours)Statements made now become written evidence. The detainee has the right to a lawyer. Family action: engage a lawyer today — do not wait for "more information."
Day 3
First police decision pointPolice may apply to extend custody beyond the initial period. A lawyer's first meeting should already have happened — the detainee knows their rights, and the family knows the actual situation, not rumors.
Day 7
Extension decision for complex casesCustody can be extended toward the 30-day maximum, especially where police allege multiple offenses or cross-region facts. Lawyer meetings, delivery of necessities, and case-direction communication with investigators are all underway.
Day 14–30
The evidence window — and the defense's best working timePolice assemble the file. The defense works in parallel: analyzing the suspected offense, guiding the family to preserve favorable evidence, preparing the bail application and the non-arrest legal opinion.
Day 30
Deadline: police must decideRelease, or submit the arrest request to the procuratorate. The defense's non-arrest opinion should already be on the prosecutor's desk — not written after the request arrives.
Day 37
Arrest decision — the window closesProsecutors approve or reject arrest. Rejection usually means release. Approval means the case enters the long post-arrest stage. Every argument the defense makes must land before this day.
4. What a Criminal Lawyer Actually Does Inside the Window
Families abroad sometimes hesitate because they cannot see what a lawyer physically does. Concretely, inside these 37 days our team:
- Meets the detainee in the detention center — explains their rights, reviews what has been said, stabilizes their position, and carries family messages lawfully.
- Confirms the facts — where the person is held, on what suspicion, and what the police theory of the case is.
- Files the bail application (取保候审申请) with a concrete guarantor and supervision plan — for foreign nationals, the quality of this plan is often decisive.
- Submits a non-arrest legal opinion (不批捕法律意见书) to the procuratorate before the Day-37 decision, addressing evidence weaknesses, proportionality, and the detainee's personal circumstances.
- Delivers necessities — clothing, medication, glasses — through lawful channels, and tells the family exactly how to do this.
- Reports to the family in English — after every meeting and every procedural development, in writing.
5. Five Mistakes That Cost Families the Most
- Waiting for the consulate to fix it. Consulates visit and monitor; they cannot intervene in the case. Weeks are lost this way. (See the FAQ below.)
- Waiting for "a friend in China" to find out more. Only a licensed defense lawyer can enter the detention center and read the situation professionally. Well-meaning friends often amplify rumor.
- Talking about the case on WeChat. Assume anything written may be read. Coordinate through your lawyer.
- Paying intermediaries who promise "connections." This is the most common fraud targeting overseas families — and it can damage the genuine defense.
- Engaging a lawyer on Day 30. The non-arrest opinion and bail application take time to prepare properly. The families who get results are the ones who engage in the first week.
6. Questions Families Ask Us Every Week
How many times will police interrogate my family member before arrest?
There is no fixed number. The first interrogation usually occurs within 24 hours of detention, with several more typically following during the 30-day window. Everything said becomes written evidence — which is why early lawyer meetings to explain rights and procedure matter so much.
What happens after Day 37 if arrest is approved?
The case enters the post-arrest investigation stage, which can last months. Release becomes significantly harder — but not impossible: we can still apply for detention-necessity review (羁押必要性审查) and negotiate at the prosecution stage. The odds simply favor acting earlier.
Is bail different for foreigners than for Chinese citizens?
The legal criteria for release on guarantee pending trial (取保候审) are the same. In practice, authorities weigh flight risk and local guarantors differently for foreign nationals — which makes a professionally prepared application, with a concrete guarantor and supervision plan, materially more important.
Can the consulate get my family member released?
No. Consulates can visit their nationals, monitor welfare and provide lawyer lists, but they cannot intervene in Chinese judicial proceedings, pay legal fees or secure release. Only a licensed Chinese defense lawyer can act inside the criminal process. Engage the consulate and a lawyer — they do different jobs.