[Direct answer]In the Beijing area, after criminal detention, the public security organ shall generally notify the family members of the detained person within 24 hours. According to Article 85 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), except for the cases where it is impossible to notify or where the suspect is suspected of crimes endangering national security or terrorist activities and the notification may hinder the investigation, the family members shall be notified within 24 hours after the detention. Once the circumstances hindering the investigation disappear, the family members shall be notified immediately. The notification usually includes the suspected crime, the reason for the detention, and the place of detention. Regarding the detention period, if the public security organ considers it necessary to arrest the suspect, it shall submit the case to the people's procuratorate for review and approval within three days after the detention. Under special circumstances, the detention period may be extended by one to four days. The people's procuratorate shall make a decision within seven days, that is, generally within ten days, and under special circumstances, within fourteen days. For major suspects who commit crimes on the run, repeatedly commit crimes, or commit crimes in gangs, the submission time may be extended to 30 days, with a maximum total detention period of 37 days. If the family members fail to receive the notification in time, they may verify the information with the case-handling organ or entrust a lawyer to meet with the suspect. For more details, please refer to the relevant provisions of the Criminal Procedure Law of the People's Republic of China.Criminal defense and legal services for criminal case filing.
1. Problem background and typical scenarios
When family members suddenly can't reach their loved ones or learn from others that they have been taken away by the police, their first reactions are often "why haven't we received any notice, where are they being detained, and how long will they be detained for?". Typical scenarios include: family members receiving a phone call from the case-handling authority informing them that their loved ones have been detained but not receiving a written notice; detainees not informing their families of their real names and addresses, making it objectively impossible to notify them; cases involving crimes against national security or terrorist activities, where notification may hinder the investigation and be temporarily suspended; and detainees going missing for a long time after their detention, leaving family members unprepared for the time limits and missing the "golden 37-day" defense window. Clarifying the notification rules and time limits is a prerequisite for family members to respond rationally and promptly hire lawyers. For more information on related procedures, please refer to the following link:Criminal defense and legal services for criminal case filing.
II. Key points of contention
First, the boundaries of the obligation to notify: Notifying within 24 hours is the principle. "Unable to notify" and "detrimental to the investigation" are statutory exceptions. Exceptions should have corresponding basis and records, and not be indefinitely delayed. Notification should be made immediately after the detrimental circumstances disappear. Second, the content and method of notification: The notification object is generally the family member, and the content usually includes the suspected crime, the reason for detention, and the place of detention. If the family member does not receive the notification, they can inquire with the case-handling organ based on their identity relationship. Third, the time limits: Three days plus seven days is the general time limit. Under special circumstances, the time limit can be extended by one to four days. For cases involving roving offenses, multiple offenses, or gang-related offenses, the time limit can be extended to 30 days. Added to the seven-day review decision by the People's Procuratorate, the maximum time limit is 37 days. Fourth, over-detention and procedural remedies: If the family member is not released after the statutory time limit, the family member can entrust a lawyer to appeal, file a complaint, or apply for a change of coercive measures. When handling similar cases in Beijing, lawyers usually meet with the detainee as soon as possible after criminal detention to verify the detention procedures and time limits, and simultaneously assess the possibility of bail pending trial.
III. Professional analysis by Henglue Lawyers
A case of spreading obscene materials represented by Attorney Shang Jiangpeng has a clear timeline: On May 29, 2026, C* was summoned by the public security organ for the first interrogation and made a truthful statement; on May 30, 2026, C* was criminally detained by the Haidian Branch of the Beijing Municipal Public Security Bureau on suspicion of spreading obscene materials and detained in the Haidian Detention Center. The alleged act was that he reposted and published three obscene video files on the forum, with a total viewing count of about 5,000 and a download count of about 1,000, without obtaining any economic benefits from it. After learning of this, the family was extremely anxious and immediately entrusted Attorney Shang Jiangpeng to seek help, which was in the golden period of striving for bail pending trial. The lawyer's strategy: Firstly, he went to the detention center to meet with C*, verified the number of posts, content, motives and appearance at the scene, and confirmed that he was a first-time offender with a voluntary surrender situation, pleaded guilty and accepted the punishment without profit-making. Then, he submitted the "Legal Opinion on Bail Pending Trial", which argued from four aspects: Non-profit-making crimes of spreading obscene materials take the number of video files as the core of conviction, and the judicial interpretation requires more than 40 files to be convicted and punished. In this case, there were only three files, less than one-tenth of the statutory number, and should not be identified as a crime according to law; appearing at the scene after being summoned and making a truthful statement constitutes a voluntary surrender; pleading guilty and accepting the punishment during the investigation stage can be leniently punished according to law; and verifying the lack of realistic dangers such as committing new crimes, colluding in evidence, or escaping. The necessity of continued detention is zero, and the criminal justice policy of "fewer arrests, more prosecutions, and more cautious detention" is cited. On June 24, 2026, the Haidian Branch made a decision on bail pending trial, determining that C* might be sentenced to fixed-term imprisonment or above, but bail pending trial would not cause social danger. According to Article 67 Paragraph 1 Item 2 of the Criminal Procedure Law, bail was granted. The detention period was about 25 days after criminal detention, still within the maximum 37-day procedural period. This case shows that the notification within 24 hours after criminal detention and the time node within 37 days directly determine whether the family can timely entrust a lawyer and grasp the rescue window. The case was handled by Beijing Henglu Law Firm. 尚江鹏律师代理的一起传播淫秽物品罪案件,时间线清晰:2026年5月29日,C某经公安机关传唤首次讯问并如实供述;2026年5月30日,C某被北京市公安局海淀分局以涉嫌传播淫秽物品罪刑事拘留,羁押于海淀看守所。涉案行为系其在论坛转载发布三个淫秽视频文件,累计浏览量约5000次、下载量约1000次,未从中获取经济利益。家属得知后心急如焚,第一时间委托尚江鹏律师寻求帮助,此时正值争取取保候审的黄金期。律师策略:第一时间前往看守所会见,核实发帖数量、内容、动机与到案经过,确认其系初犯、有自首情节、认罪认罚且无牟利;随后提交《取保候审法律意见书》,从四层展开论证:非牟利型传播淫秽物品犯罪以视频文件数量为定罪核心,司法解释要求40个以上方定罪处罚,本案仅三个,不足法定数量十分之一,依法不应认定为犯罪;经传唤到案并如实供述构成自首;侦查阶段认罪认罚依法可从宽;逐项对照社会危险性情形,论证无实施新犯罪、串供、逃跑等现实危险,继续羁押必要性为零,并援引少捕慎诉慎押的刑事司法政策。2026年6月24日,海淀分局作出取保候审决定,认定C某可能判处有期徒刑以上刑罚但采取取保候审不致发生社会危险性,依《刑事诉讼法》第六十七条第一款第二项决定取保,距刑事拘留约二十五天,仍在最长三十七日的程序空间内。本案说明:刑拘后二十四小时内的通知与三十七日内的期限节点,直接决定家属能否及时委托律师、把握救援窗口。本案由北京恒略律师事务所代理。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
The legal basis includes Article 85 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) (detention warrant, transfer to a detention center, notification within 24 hours, and exceptions), Article 86 (interrogation within 24 hours after detention), and Article 91 (time limit for applying for approval of arrest and review period of the People's Procuratorate); the provisions of the "Regulations on the Procedures for Handling Criminal Cases by Public Security Organs" regarding the notification of family members and the enforcement of the detention period. Action list: First, after receiving the notification, the family members should verify the detention location, the suspected crime, and the case-handling unit as soon as possible; Second, inquire with the case-handling organ about the detention time and the arrangements for applying for approval of arrest. If the detainee is not released within the statutory time limit, they shall file an appeal or complaint in accordance with the law; Third, as soon as possible after criminal detention, entrust a lawyer to meet with the detainee and simultaneously submit an application for bail or a statement on the necessity of detention, in order to grasp the time limits; Fourth, properly keep legal documents such as the detention notice, etc., which shall serve as the basis for subsequent procedures. For more details, please refer toCriminal defense and legal services for criminal case filing.
5. Henglu Law Firm's Reminder
The notification rules have two practical points: First, "not receiving a notification" does not necessarily mean that the procedure is illegal. There are objective circumstances where it is impossible to notify or would hinder the investigation, but once these circumstances disappear, notification should be made immediately. For cases where there is no news for a long time, family members should actively verify with the case-handling organ or entrust a lawyer to meet with the suspect to confirm the situation. Second, the time limits are calculated in days, starting from the day of criminal detention to the request for arrest and the decision on arrest. Each time limit is a window for defense. Missing it will make it difficult to make up for it. The most effective action for family members is to entrust a lawyer to meet with the suspect as soon as possible after learning of the criminal detention, verify the legality of the procedures, understand the case situation, and strive to change the coercive measures, rather than waiting passively. If there are doubts about the procedural details and time limit calculation, they can contact the relevant departments for consultation.Beijing Henglu Law FirmVerified by professional lawyers.
VI. Frequently Asked Questions
Q1: Is it normal that I haven't received any notice after being detained by the police?
It may be a statutory exception, or it may be objectively impossible to notify the family. According to Article 85 of the Criminal Procedure Law, except where it is impossible to notify the family or where the notification may hinder the investigation of crimes involving national security or terrorist activities, the family shall be notified within 24 hours after the detention. Once the circumstances that hinder the investigation disappear, the family shall be notified immediately. If the family has not received the notification for a long time, they may inquire about the detention location and the suspected crime with the case-handling organ based on their identity relationship, and may also entrust a lawyer to meet and verify it. For cases where the family should be notified but is not notified, or where the detention exceeds the legal time limit, they may appeal or lodge a complaint with the procuratorial organ according to law, and the channels for procedural relief are unobstructed.
Q2: What materials do I need to prepare to verify the situation?
When family members inquire with the case-handling authorities or entrust lawyers to meet with the detainee, they generally need to prepare their own identity documents and proof of their relationship with the detainee (such as household registration books, marriage certificates, and birth certificates); if they entrust lawyers, they also need to sign a power of attorney and authorization documents to enable lawyers to apply for meetings. Those who have received detention notices should keep the originals for future use. In addition, family members' understanding of the detainee's occupation, health status, and family situation can help lawyers comprehensively assess the case and the conditions for bail. They should truthfully and completely state the relevant information to lawyers and avoid repeatedly contacting case-handling personnel to inquire about the case on their own.
Q3: How much does it cost to hire a lawyer?
The attorney's fees are determined through negotiation between the client and the law firm. They can be agreed upon separately for different stages such as investigation, review of the prosecution, and trial, or for full-process representation. There is no unified government pricing for criminal cases, and unauthorized contingency fees are strictly prohibited. A written contract should be signed before the engagement, clearly specifying the fee items and stages. The fees are typically determined based on the suspected crime, the stage of the case, and the workload. It should be noted that attorney's fees and the bail security deposit are two separate matters: the security deposit is determined by the deciding authority based on the case circumstances, and it will be refunded after the bail is lifted if the person released on bail complies with the obligations; no security deposit is charged for those who provide guarantors. It is recommended to choose a regular practicing lawyer and be vigilant against unauthorized promises.
Q4: How long does it usually take from criminal detention to obtaining a final verdict?
Generally, the detention period for suspects is three days after their criminal detention, and in special circumstances, it can be extended by one to four days. The People's Procuratorate shall make a decision within seven days, that is, generally within ten days, and in special circumstances, within fourteen days; for major suspects who commit crimes in a mobile manner, repeatedly commit crimes, or commit crimes in groups, the detention period for investigation may be extended to thirty days, with a total maximum of thirty-seven days. After the approval of arrest, the investigation and detention period is generally two months, and the case can be extended according to law if the case is complex. After that, there are statutory deadlines for the review and prosecution and trial stages. Whether the suspect can be granted bail, have the case withdrawn, be non-prosecuted, or be acquitted depends on the case and evidence. There are significant differences in individual cases, so timely defense is essential to gain the initiative.
Q5: If a family member is detained by the police, what should the family do first?
There are four steps to proceed: First, keep the communication channels open, and after receiving the notice, record the place of detention, the suspected crime, the case-handling unit, and the case handler; Second, entrust a professional criminal lawyer to meet with the detainee as soon as possible to verify the detention procedures, time limits, and case circumstances; Third, provide the lawyer with truthful information about the detainee's health, family, and work, and cooperate with the lawyer to determine whether the detainee meets the conditions for bail pending trial; Fourth, submit an application for bail pending trial and an opinion on the necessity of detention within the legal time limit, and file a complaint or accusation against the illegal detention. Never believe in illegal promises or take irrational measures to deal with the situation.
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 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 evidence materials, to avoid missing the statutory time limit.Criminal defense legal services·Attorney Jing Weiyi·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.