[Direct answer]In the Beijing area, the process generally involves three stages: investigation, review and approval of the prosecution, and trial. According to the Criminal Procedure Law of the People's Republic of China (amended in 2018), if the public security organ considers it necessary to arrest a suspect after detention, it shall submit the case to the people's procuratorate for review and approval within three days after the detention, and the time limit may be extended by one to four days in special circumstances; for major suspects who commit crimes in a roving manner, repeatedly commit crimes, or commit crimes in gangs, the time limit for submitting the case for review and approval may be extended to 30 days. The people's procuratorate shall make a decision within seven days after receiving the application for approval of arrest. The detention period after arrest shall generally not exceed two months, and it may be extended in accordance with the law if the case is complex. After the investigation is completed, the case shall be transferred for review and prosecution. The people's procuratorate shall generally make a decision within one month, and the time limit may be extended by 15 days in major and complex cases. If necessary, the case may be sent back for supplementary investigation. The first-instance public prosecution cases shall be pronounced within two months after acceptance, and the deadline shall not exceed three months.

1. Problem background and typical scenarios

After a family member is detained in criminal custody, the most frequently asked questions are what will happen next, how long it will take to be released, and whether to hire a lawyer. In practice, the progress of the case is closely related to time points: whether the detention leads to an arrest warrant is the first critical juncture; whether the investigation is concluded and transferred for review and prosecution; whether the review and prosecution is sent back for supplementary investigation; and ultimately whether to prosecute and how to determine the sentence—all of which are interconnected. When handling criminal cases in the Beijing area, the defense focus at each stage is different, and it is often difficult to make up for missed opportunities.

II. Key points of contention

There are four key stages that need to be grasped: Firstly, the time limit for applying for and reviewing the approval of arrest is an important window for striving to avoid approval of arrest or obtaining bail; Secondly, the investigation and detention period and the conditions for extension determine the pace of the case; Thirdly, whether the case is sent back for supplementary investigation or whether non-prosecution can be obtained in the review and prosecution stage; Fourthly, the time limit for the first-instance trial and the focus of the trial. The defense focus changes accordingly: in the investigation stage, the emphasis is on meeting, procedural legality and coercive measures; in the review and prosecution stage, the emphasis is on charges, evidence and non-prosecution; in the trial stage, the emphasis is on fact determination and sentencing circumstances.

III. Professional analysis by Henglue Lawyers

A bail pending trial case handled by Henglue Law Firm achieved results by seizing the critical juncture in the investigation stage. In May 2026, C* was detained by the Haidian Branch of the Beijing Municipal Public Security Bureau on suspicion of disseminating obscene materials. He was held in Haidian Detention Center. The three posts he reposted on the forum had a total of about 5,000 views and 1,000 downloads. C* did not gain any economic benefits and his motivation was simply to earn forum points. His family promptly entrusted attorney Shang Jiangpeng of our firm to intervene. Attorney Shang went to the detention center to meet C* immediately, verified the number of posts, their content, C*'s motives, and his appearance at the court, confirming that he was a first-time offender who appeared at the court upon summons and gave a truthful statement, meeting the conditions for voluntary surrender and pleading guilty and accepting punishment without seeking financial gain. Subsequently, he submitted the "Legal Opinion on Bail Pending Trial" to the Haidian Branch before the review and approval of the arrest warrant, arguing from two perspectives: the number of videos was far below the statutory threshold for criminal prosecution, and he posed no danger to society. On June 24, 2026, the Haidian Branch made a decision to grant bail, and C* regained his freedom. This case shows that timely meeting with the client and submitting legal opinions at critical junctures after detention often directly affect the choice of coercive measures and the subsequent development of the case. This case was handled by Beijing Henglue Law Firm.Shang JiangpengAttorney (Practice Certificate No.: 11101202310580738, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

Action suggestions: First, verify the detention time with the case-handling organ and pay attention to the time node of applying for arrest; Second, as soon as possible, entrust a lawyer to meet with the defendant and evaluate the necessity of bail or detention review; Third, pay attention to the legality of procedures in the investigation stage and promptly raise objections to illegal evidence collection; Fourth, actively strive for non-prosecution or lenient punishment in the review and prosecution stage. For criminal defense cases, you can refer to the following materials:Criminal defense and criminal case filingLegal basis: Article 91, Article 156, Article 172, and Article 208 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, detention does not equal guilt, and procedural stages determine the scope of defense. Secondly, the review and approval of arrest is a critical window for securing bail, with limited time and heavy responsibilities. Thirdly, there are statutory requirements for the time limits of each stage, and extensions can be requested in accordance with the law. Fourthly, pleading guilty and accepting the punishment, as well as making restitution and reaching a settlement, can all help secure leniency during the review and prosecution stages and the trial. For the overall response to criminal cases, legal assistance can be sought through appropriate channels.Criminal defense and criminal case filingThe service is supported, and you can refer to it when handling difficult and complex casesSpecial servicesColumn.

VI. Frequently Asked Questions

Q1: How long after criminal detention will the case be submitted for approval of arrest?

According to the provisions of the Criminal Procedure Law, if the public security organ deems it necessary to arrest a suspect, it shall submit the case to the people's procuratorate for review and approval within three days after the suspect's detention. Under special circumstances, the time limit may be extended by one to four days. For major suspects who commit crimes by roving around, repeatedly, or in gangs, the time limit may be extended to 30 days. The people's procuratorate shall make a decision within seven days after receiving the request.

Q2: How long is the investigation and detention period after an arrest?

The period of investigation and detention of a criminal suspect after arrest shall generally not exceed two months. For cases with complex circumstances and those that cannot be concluded within the time limit, an extension may be requested according to law. If any other major crimes or unidentified suspects are discovered during the investigation, the time limit shall be calculated separately. If any overdue cases are found, corrective suggestions may be put forward according to law.

Q3: How long does it usually take to review and prosecute a case?

The people's procuratorate shall, in general, make a decision on the cases transferred for prosecution within one month, and the time limit may be extended by 15 days for major and complex cases. Where it is deemed necessary to conduct supplementary investigation, the case may be referred back to the public security organ for supplementary investigation, with a time limit of one month for each referral, up to a maximum of two referrals. After the supplementary investigation is completed and the case is transferred for prosecution, the time limit for review and prosecution shall be recalculated.

Q4: When will the verdict be announced in the first instance?

When the people's court tries public prosecution cases, it shall pronounce the judgment within two months after accepting the case, and the deadline shall not exceed three months. For cases that may be sentenced to death or cases with attached civil actions and other statutory circumstances, the time limit may be extended to three months with the approval of the people's court at the higher level. In special circumstances, the extension of the time limit shall be reported to the Supreme People's Court for approval.

Q5: At which stage is it most useful to hire a lawyer?

The roles of each stage are different, and the earlier the better. In the investigation stage, one can meet with the suspect, strive to secure bail, and ensure the legality of the legal procedures. In the review and prosecution stage, one can review the case files and propose not to prosecute or suggest a lighter sentence. In the trial stage, one can focus on defending the facts and sentencing. If one can only choose one stage to intervene, it is recommended to intervene before the review and approval of the arrest, as there is relatively more room to strive for not approving the arrest at this stage.

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

If you are currently facing similar issues, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Shang Jiangpeng·Beijing Henglu 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 a dispute arises, please consult a practicing lawyer in time.