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Insights / The 37-Day Window

The 37-Day Window: Detention and Arrest Approval in China

How the Chinese detention clock works: day 3, day 7, day 30, day 37, what happens at each deadline, and what a defense lawyer can still do inside the window.

Chinese criminal detention runs on a fixed clock, and most of what decides a case happens inside it. Police may hold a suspect for up to three days before they must seek approval for formal arrest; in three categories of case that extends to thirty days. The procuratorate then has up to seven days to approve or refuse arrest. Three plus four, or thirty plus seven — the outside limit is thirty-seven days, and after it the case has usually taken a shape that is very hard to change. The guides below cover the whole window: what each deadline actually means, how long a foreign-related case runs from investigation to trial, what to do in the first twenty-four hours after the phone call, and what a lawyer does inside the window day by day. If you only read one page, read the pillar guide first.

4 guides

In this section

Common questions

Questions families ask about the 37-day window

How long can police in China hold someone before arrest approval?
Up to 3 days as a rule, extended to 7 days in some cases, and up to 30 days for suspects classified as roving, repeat or gang offenders. The procuratorate then has up to 7 days to approve arrest — giving the 37-day maximum.
What happens on day 37?
If the procuratorate approves arrest, the case moves into continued investigation, usually two months. If it refuses, police must release the person immediately or switch to release on guarantee or residential surveillance.
Can a family outside China do anything during the 37 days?
Yes. The two highest-value actions are appointing a licensed Chinese lawyer who can meet the detainee inside the detention centre, and preparing the bail materials — a local guarantor and a supervision plan — before the arrest decision is made.

Still Not Sure Which Applies to You?

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