By the Foreign-Related Criminal Defense Team · Zhiheng Law Firm (Shanghai) · Updated October 2026 · 7 min read
The question every family asks in week one — "how long will this last?" — has an honest answer: it depends on the stage, the charge, and how hard the defense fights at each decision point. But "it depends" is not a plan. Here is the realistic map, stage by stage, with the legal minimums and maximums that actually drive the calendar.
1. The Three Stages and Their Clocks
Investigation
Police — 37 days to arrest decision, then 2–7 months of investigationThe first 37 days (detention plus the arrest-approval window) decide whether the case hardens. After formal arrest, post-arrest investigation typically runs 2 months, extendable to 5 or more for complex cases. The investigation period resets when the charge changes or the case is sent back for supplementary investigation.
Prosecution Review
Procuratorate — 1 month, extendable by 15 daysProsecutors review the file and decide: prosecute, decline to prosecute, or send back for supplementary investigation (which returns the case to police for up to 1 month, twice at most). This stage is shorter but dense with decisions — non-prosecution, charge adjustments, and renewed release applications all live here.
Trial
Court — about 2–3 months for first instanceFrom filing to judgment, first-instance trials typically conclude within two to three months; complex cases can extend further. Appeal adds a second instance of roughly two months. Sentencing happens after the hearing, not on the day of it.
2. When Cases Legally Run Longer
- Supplementary investigations — the case bounces back to police, adding months.
- Changed or added charges — the investigation clock effectively restarts for the new theory.
- Cross-region or multi-defendant cases — coordination between different local authorities extends every stage.
- Complex economic crimes — fraud and smuggling cases with heavy document evidence run toward the outer limits.
What families should expect honestly: a straightforward case resolved without trial can finish inside 4–6 months. A contested case that goes through arrest, full investigation, prosecution and trial typically runs 8–14 months. Anyone promising a fixed short timeline at the first meeting is selling comfort, not accuracy.
3. Where Cases Most Often Resolve Early
- The 37-day window. Non-arrest decisions and early release applications resolve a meaningful share of cases before they ever build momentum.
- Prosecution review. Non-prosecution decisions (like the 23-day outcome in one of our own cases) happen here — evidence weaknesses are most persuasive to prosecutors before trial is scheduled.
- Restitution and reconciliation. Returning proceeds and obtaining the victim's understanding reliably move sentencing at every stage — and can move the charge itself early on.
4. Does the Foreign Element Change the Timeline?
Procedurally, no: foreign-related criminal cases follow the same Criminal Procedure Law with the same stage clocks. Three practical differences matter:
- Interpreter-dependent steps (interrogations, document service) take longer to schedule.
- Evidence from abroad — bank records, employment documents — takes longer to collect and authenticate.
- Exit-ban and passport matters require separate handling, whatever the case outcome.
Questions We Hear From Families
What is the maximum time someone can be held before trial in China?
There is no single short cap — lawful custody across stages can legally extend beyond a year in complex cases. The meaningful control points are the 37-day arrest window, the prosecution review, and detention-necessity reviews, which is exactly where defense pressure shortens real timelines.
Can the case end without a trial?
Yes. Cases end before trial through release decisions, non-prosecution decisions at the review stage, or — in the narrowest category — withdrawal. The prosecution review stage is where defense input has the highest chance of ending a case.
Does being foreign make the process slower?
The legal clocks are identical. In practice, interpreter scheduling and cross-border evidence collection add time, which is one more reason to have a local team that knows how to run these steps in parallel.