[Direct answer]In the Beijing area, the maximum detention period for criminal detention is 37 days. According to Article 91 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), if the public security organ considers that the detainee needs to be arrested, it shall generally submit the case to the procuratorate for review and approval within three days after the detention, and the period may be extended by one to four days in special circumstances; for major suspects who commit crimes in a roving manner, commit crimes repeatedly, or commit crimes in gangs, the submission period may be extended to 30 days, plus seven days for the procuratorate's review and approval of the arrest, for a total of 37 days. If the arrest is not approved after the expiration of the period, the detainee shall be immediately released or have the compulsory measures changed. It is recommended that family members entrust a lawyer to intervene during the golden period. For related procedures, please refer to the relevant provisions.Criminal defenseColumn.

I. Problem background and typical scenarios

The most common question asked by family members is "How long will it take for the person to be released after being taken away?" Such situations include: first, in ordinary cases, the detention period is three days, after which the prosecution will apply for approval of arrest. The family is anxiously waiting for the result; second, in cases of roving, multiple offenses, and gang-related crimes, the detention period can be extended to 30 days, followed by a seven-day review of the application for approval of arrest; third, if the detention period expires without approval of arrest, the family can breathe a sigh of relief; fourth, after being approved for arrest, the detainee will be transferred to long-term custody, and the family needs to seek other solutions; fifth, if a lawyer intervenes to submit a non-arrest opinion during the detention period, they will strive to release the detainee within 37 days. Although the case-handling process in Beijing is standardized, the calculation of time limits is still the most confusing part for family members; for cases involving labor rights and interests, they can refer to the relevant provisions.Labor disputes and work-related injuriesColumn.

II. Key points of contention

Focus I: The nature of detention and its starting point. The starting point is the day after the execution of the detention, and different circumstances correspond to different time limits for filing a request. Focus II: The determination of the conditions for extending detention. The definitions of "roving around", "committing multiple offenses", and "forming gangs" directly affect whether the detention period can be extended to 30 days. Focus III: The defense space in the review and approval of arrest. Whether the procuratorate adopts the opinion of not arresting the suspect. Focus IV: The handling of cases where the detention period expires without approval of arrest. Whether the suspect is released or the detention measure is changed to bail or residential surveillance. Focus V: Remedies after approval of arrest. Whether the review of the necessity of detention can be changed. Focus VI: The relationship between the detention period and evidence collection, and the illegality of exceeding the detention period. The specific determinations shall be based on the currently effective laws, regulations, and judicial rulings. For cases involving personal rights and interests, please refer to the relevant provisions.Personal injury and medical disputesColumn.

III. Professional analysis by Henglue Law Firm

From the practical experience of lawyers at our firm, the 37-day golden period is a critical window for securing non-arrest and non-prosecution outcomes, and the earlier lawyers intervene, the more proactive they can be. Take the defense of a case of spreading obscene materials handled by Attorney Shang Jiangpeng from our firm as an example. C某 was criminally detained by the Haidian Branch of the Beijing Municipal Public Security Bureau for reposting three obscene videos on a forum. The lawyer argued from two perspectives: the threshold for criminalization and the lack of social danger, and ultimately successfully secured bail for the client after about a month. Another example is a case of endangering precious and endangered wild animals handled by Attorney Lu Xiaoxue from our firm. The client was detained for keeping a parrot he received as a gift. The lawyer focused on the defense points of "gift rather than purchase", "lack of subjective knowledge", and "significantly minor circumstances", and secured the client's release on bail within just seven days from the time of criminal detention. Similarly, in a fraud case handled by Attorney Yuan Hang from our firm, the client submitted a request for non-approval of arrest and made restitution through the lawyer during the detention period, ultimately obtaining a suspended sentence. These cases demonstrate that professional intervention within the time limit can significantly influence the outcome of the case. This case was handled by Beijing Henglu Law Firm.Shang Jiang PengAttorney (practice license number: 111012023105807, subject to the document issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

Action recommendations: First, immediately hire a lawyer to meet with the detainee after learning of the detention to understand the suspected charges, the process of appearing in court, and the number of cases involved; Second, distinguish the types of detention and their possible durations, and predict the time point for applying for approval of arrest; Third, focus on the absence of social danger, the threshold for criminalization, and mitigating circumstances, and submit legal opinions against arrest before applying for approval of arrest; Fourth, if the detainee is approved for arrest, promptly apply for a review of the necessity of detention to seek a change; Fifth, keep records of the calculation of detention periods and be vigilant against excessive detention. In terms of legal basis, Article 85 and Article 91 of the Criminal Procedure Law of the People's Republic of China stipulate the detention period and the review of approval of arrest, and Article 95 clearly states that the necessity of detention still needs to be reviewed after arrest. For debt enforcement cases, reference can be made to the relevant provisions.Creditor's rights and debts, and enforcement casesColumn.

5. Henglu Law Firm's Reminder

Risk alert: First, the maximum legal detention period is 37 days. If the detention period expires without an arrest warrant being issued, the detainee should be released or the detention measure should be modified. Families should pay close attention to these key points. Second, the golden period for defense is extremely short. Delaying the entrustment of a lawyer will result in the loss of the opportunity to argue against the arrest. Third, non-arrest does not equal innocence. The defendant may still face prosecution and trial in the future, so continuous preparation is necessary. Fourth, even after the arrest warrant is issued, there are still options available. For example, the detainee can still challenge the necessity of detention through a review process. If a family member is detained by criminal custody, it is recommended to entrust a professional lawyer to meet with the detainee and submit opinions as soon as possible. For related specialized services, please refer to the relevant information.Special services and other casesColumn.

VI. Frequently Asked Questions

Q1: Is the maximum length of criminal detention really 37 days?

Yes. According to Article 91 of the Criminal Procedure Law, the application for approval of arrest shall be submitted within three days after the detention, and the period may be extended by one to four days under special circumstances; for major suspects who commit crimes by roving around, repeatedly, or in gangs, the period may be extended to 30 days, plus seven days for the procuratorate to review and approve the arrest, making a total of 37 days. If the approval of arrest is not granted after the expiration of the period, the suspect shall be immediately released or have the compulsory measures changed. This is the statutory maximum limit, and not all cases will use up the full period.

Q2: What should I do if they still haven't released the person after 37 days?

Anyone who has not been approved for arrest within 37 days should be released or have their compulsory measures changed; if they have been approved for arrest, they will be transferred to detention after arrest, and the detention period will be calculated separately. At this time, they can entrust a lawyer to apply for a review of the necessity of detention, and strive for changes based on factors such as no social danger, physical condition, and changes in evidence. Family members should check the calculation of the detention period and raise objections if they find that the detention has exceeded the legal limit. They should not wait passively.

Q3: Can family members visit the detainee during the detention period?

During the criminal detention period, family members generally cannot directly meet with the suspect. Only defense lawyers, with authorization procedures, can meet with them and understand the case situation in accordance with the law. Therefore, family members should hire a lawyer as soon as possible. The lawyer will meet with the suspect to verify the suspected crime, physical condition, and appearance in court, and submit legal opinions on non-arrest or bail within the golden period. This is the only legal and effective way to intervene.

Q4: Can a lawyer help release someone from detention within 37 days?

It's possible, but not inevitable. During the critical period, lawyers can meet with clients, submit legal opinions on non-arrest or bail pending trial, which can significantly increase the probability of non-arrest or bail, especially for cases with minor circumstances, no social danger, and the amount involved just exceeding the threshold. However, the outcome depends on the factual evidence and legal provisions. Lawyers protect clients' rights in accordance with the law without guaranteeing the outcome. The earlier they get involved, the greater the room for maneuver they will have.

Q5: Is it illegal to detain someone beyond the legal time limit, and how can they seek remedies for this?

This is illegal. The Criminal Procedure Law clearly stipulates the detention period after detention and arrest, and continued detention beyond the legal time limit constitutes excessive detention. Remedies include: defense lawyers submitting applications for changing coercive measures to the case-handling organs, applying to the procuratorate for a review of the necessity of detention or procuratorial supervision, and demanding release or changing to bail pending trial or residential surveillance. Fixed-term records are the key to asserting rights.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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 Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available 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.