[Direct answer]In the Beijing area, an application for approval of arrest is usually submitted within three days after detention, with the maximum period being 37 days. According to Article 91 of the Criminal Procedure Law of the People's Republic of China (amended in 2018), if the public security organ considers that the detained person needs to be arrested, it shall submit the case to the people's procuratorate for review and approval within three days after detention; in special circumstances, the period may be extended by one to four days; for major suspects who commit crimes on the run, repeatedly commit crimes, or commit crimes in gangs, the time for submitting the case for review and approval may be extended to 30 days. The people's procuratorate shall make a decision on whether to approve the arrest or not within seven days after receiving the application for approval of arrest. Therefore, the general time from detention to the decision on approval of arrest is about ten days, and the maximum period is about 37 days in special circumstances. This period is called the "golden rescue period", which is a key window for applying for bail pending trial and putting forward the opinion that the suspect does not constitute a crime or poses a relatively low social danger.

I. Problem background and typical scenarios

After a family member is detained in criminal custody, the relatives' greatest concerns are whether they will be formally arrested and whether they can be released. There are three typical scenarios: first, in ordinary criminal cases, the outcome is clear within a few days after detention; second, in cases involving fleeing, multiple offenses, or gang crimes, the period for requesting formal arrest is extended, and they have to wait longer; third, in cases where the facts and evidence are still under investigation, the decision on whether to formally arrest them depends on the assessment of social danger. Relatives often have no knowledge of the time limits and procedures, and are prone to miss the opportunity to seek bail.

II. Key points of contention

First, how to calculate the statutory time limit for requesting approval of arrest and how to handle holidays. Second, the time limit for the procuratorate to review the arrest and the type of decision. Third, the evaluation standards for social danger and the factors that influence the approval of arrest. Fourth, the relationship between non-approval of arrest and bail pending trial. Fifth, the start conditions and timing of the review of the necessity of detention. These issues determine whether the parties can gain freedom before trial.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm has summarized three practical points in criminal defense. Firstly, grasp the time limit: According to Article 91 of the Criminal Procedure Law, the time limit for requesting approval of arrest is generally three days, and it can be extended by one to four days in special cases. For cases involving fugitives, repeat offenders, or gang crimes, the time limit can be extended to 30 days. The procuratorate shall make a decision within seven days, so the maximum time limit is about 37 days. During this period, defense lawyers should intervene as early as possible and submit legal opinions and evidence. Secondly, focus on the review: The procuratorate reviews the arrest to determine whether there is evidence to prove the crime, whether the suspect is likely to be sentenced to imprisonment or above, and whether the suspect poses a social danger. For first-time offenders, occasional offenders, those with minor circumstances, those who admit their guilt and accept the punishment, and those with fixed residences and jobs, defense lawyers can argue that they do not pose a social danger and strive to prevent the approval of arrest. Thirdly, non-approval of arrest and bail: If the procuratorate does not approve the arrest, the public security organ usually changes the coercive measures against the suspect to bail pending trial or residential surveillance. Even if the arrest is approved, the defendant can still apply for a review of the necessity of detention at a later stage. Fourthly, defense actions: Timely meeting with the client to understand the case, verifying the circumstances of the client's appearance in court and their statements, collecting evidence favorable to the client, and submitting written defense opinions are key to increasing the success rate of bail applications. Fifthly, family cooperation: Family members should promptly hire a lawyer and prepare materials such as identity, guarantors, and property guarantees, and cooperate with the lawyer to advance the bail application. This case was handled by Beijing Henglue Law Firm. 恒略律师事务所刑事辩护总结了三个实务要点：一是期限把握：根据《刑事诉讼法》第九十一条，提请批捕一般为三日，特殊情况下可延长一至四日，流窜作案、多次作案、结伙作案的可延长至30日，检察院7日内作出决定，因此最长约37天；应尽早介入，提交法律意见和证据。二是审查重点：检察院审查逮捕时关注是否有证据证明犯罪事实、可能判处徒刑以上刑罚以及是否具有社会危险性；对初犯、偶犯、情节较轻、认罪认罚、有固定住所和工作的，辩护人可主张不具有社会危险性，争取不予批捕。三是不批捕与取保：检察院不批准逮捕的，公安机关通常应对当事人变更强制措施为取保候审或监视居住；即使批准逮捕，后续仍可申请羁押必要性审查。四是辩护动作：及时会见了解案情、核实到案经过与供述情况、收集有利于当事人的证据、提交书面辩护意见，是提高取保成功率的关键。五是家属配合：家属应尽快委托律师并准备身份、担保人、财产担保等材料，配合律师推进取保申请。本案由北京恒略律师事务所代理。Shang JiangpengThe attorney (practice license number: 11101202310580738, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, entrust a lawyer to meet with the client as soon as possible to grasp the case situation and the client's appearance in court; Second, collect materials related to the client's fixed residence, work, family, and confession of guilt and acceptance of punishment; Third, submit written defense opinions in a timely manner before and after the application for approval of arrest; Fourth, assist in handling the bail pending trial procedures after the application for approval of arrest is rejected. For the overall criminal defense, you can refer to the relevant guidelines.Criminal defense and criminal case filing; For cases involving bail pending trial and compulsory measures, you can refer to the relevant provisions.Special servicesFor cases involving company employees, you can refer to the following for reference.Business and contract disputes in enterprisesLegal basis: Articles 91, 95, and 97 of the Criminal Procedure Law of the People's Republic of China (amended in 2018). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, there is a clear legal framework for the time limit for approving arrests, with the maximum period being about 37 days. Family members should take action as soon as possible. Secondly, social dangerousness is the core of the review, focusing on whether the suspect has a fixed residence, a job, and whether he/she has submitted materials to the plea bargaining organization. Thirdly, if the arrest is not approved, the suspect will usually be released on bail pending trial. After the arrest is approved, the suspect can still apply for a review of the necessity of detention. Fourthly, it is crucial for lawyers to meet with the suspect as soon as possible and submit their opinions. For the overall criminal defense plan, you can consult a lawyer for more details.Criminal defense and criminal case filingThe service is supported. For more information, please visitThe official website of Beijing Henglu Law FirmGot it.

VI. Frequently Asked Questions

Q1: How many days does it usually take to approve the arrest after criminal detention?

Usually, the outcome will be known within ten days. According to Article 91 of the Criminal Procedure Law, the public security organ shall generally apply for approval of arrest within three days after detention, and the period may be extended to one to four days under special circumstances. The procuratorate shall make a decision within seven days. Therefore, the outcome of most cases will be known in about ten days, and the specific time will depend on the progress of the procedures by the case-handling authorities.

Q2: Under what circumstances can the deadline for approving arrest be extended to 37 days?

For major suspects who commit crimes in a sporadic manner, commit multiple crimes, or commit crimes in gangs, the time for applying for examination and approval can be extended to 30 days. Adding the seven-day examination period of the procuratorate, the maximum period is about 37 days. Whether the suspects belong to the above-mentioned situations shall be determined by the case-handling organ in accordance with the law, and the family members can learn about the progress through lawyers.

Q3: If they don't approve the arrest, does that mean there's nothing to worry about?

This interpretation is incorrect. Not approving the arrest simply means that the arrest measures will not be taken for the time being, and the case may still continue to be investigated. The public security organ usually changes the measure to bail pending trial or residential surveillance, and the case may still be transferred for review and prosecution afterwards. The parties concerned should abide by the bail conditions, cooperate with the investigation, and let the lawyer keep track of the progress of the case to strive for a more favorable outcome.

Q4: Can they still be released after being approved for arrest by the procuratorate?

There is still a chance. After the approval of the arrest, the defendant can apply for a review of the necessity of detention, argue that the facts of the case, the evidence, or the social danger have changed, and request a change of the coercive measures; if the review finds that there is no necessity to continue the detention, the coercive measures can be changed to bail pending trial or residential surveillance according to law. In addition, there may also be opportunities to change the coercive measures during the review of the prosecution and the trial stages.

Q5: What can family members do now?

It is necessary to engage a professional lawyer as soon as possible. The lawyer will meet with you to understand the case, verify the process of the case, collect favorable evidence, and submit a written opinion. At the same time, prepare the necessary materials for bail, such as identity documents, guarantors, or collateral. It is important to avoid blindly inquiring around or negotiating with the case handlers on your own, so as not to delay the process or have adverse effects.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Shang Jiangpeng·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.