24/7 Emergency Line — Detention & Arrest in China
Call / WhatsApp: +86 189 1820 8657
Insights / Your Rights in Custody

Your Rights in Custody: Interrogation, Statements and Consular Notification

What a detainee in China can say, refuse and request: interrogation rights, why the written record matters more than the number of sessions, and what consulates can and cannot do.

Two things decide how much damage a case suffers while someone is in custody. The first is what goes into the written record — interrogation transcripts are signed in Chinese and become evidence, and there is no fixed number of sessions, so the count tells you nothing. The second is whether the detainee's consular rights were respected: under Article 36 of the Vienna Convention on Consular Relations, a detained foreign national who asks must have their consulate notified, and must be told of that right without delay. These guides cover what to say and what not to sign, how interrogation actually works in practice, when the embassy gets told, and the hard limits of what a consulate can do once it is.

4 guides

In this section

Common questions

Questions families ask about your rights in custody

Does a detainee in China have the right to remain silent?
There is no general right to silence, but a detainee may refuse to answer questions unrelated to the case and must not be compelled to confess. In practice, what reaches the written transcript matters far more than anything said informally.
Will the embassy be told automatically?
Only if the detainee asks. Authorities must inform the detainee of the right to consular notification, then notify the post without delay. If nobody informed them, that is a procedural flaw worth raising.
Can a consulate get someone released?
No. Consulates can visit their nationals, monitor welfare, provide lawyer lists and contact family. They cannot intervene in Chinese judicial proceedings or secure a release.

Still Not Sure Which Applies to You?

Detention cases turn on details — the charge, the stage, the city. Send us what you know and a lawyer will tell you where the case actually stands.

🚨 Detained in China? WhatsApp a Lawyer Now