[Direct answer]In the Beijing area, detention and custody are different legal measures. Detention is an investigation measure taken by supervisory organs against personnel suspected of serious duty violations and duty-related crimes. According to the "Supervision Law of the People's Republic of China" (adopted on March 20, 2018, amended in December 2024, and implemented on June 1, 2025), supervisory organs at the municipal level and below in cities with districts must report to the supervisory organs at the next higher level for approval before taking detention measures, and the detention period shall not exceed six months. Custody includes criminal custody and administrative custody. Criminal custody is a compulsory measure in criminal litigation, according to the "Criminal Procedure Law of the People's Republic of China" (amended on October 26, 2018). Generally, the request for approval of arrest shall be submitted within three days, and in special circumstances, the maximum period may be up to 37 days. Administrative custody is a punishment for public security management, according to the "Public Security Administration Punishment Law of the People's Republic of China" (amended on October 26, 2012). The individual detention period is one day to 15 days, and the maximum combined detention period shall not exceed 20 days. There are obvious differences in the application objects, time limits, and the scope of lawyer involvement among the three measures.

1. Problem background and typical scenarios

When family members suddenly receive notice that their loved ones have been placed in custody or detained, their first reaction is often to confuse these two types of measures. Placement in custody typically occurs during the investigation of duty-related violations or criminal cases by disciplinary inspection and supervision organs; criminal detention often takes place in the criminal investigation stage by public security organs against suspects of crimes; and administrative detention targets individuals who violate public security management and should be punished according to law. All three types of measures restrict personal freedom, but the underlying legal relationships are completely different: one is a supervision and investigation procedure, one is a criminal coercive measure, and one is an administrative punishment. Confusing the nature of these measures will lead to family members using the wrong remedial channels: repeatedly applying for a meeting during the placement in custody stage will be rejected; missing the opportunity to appoint a defense lawyer during the criminal detention stage; and not knowing that they can apply for a review, litigation, or a stay of execution during the administrative detention stage. Such issues are highly professional, and it is recommended to refer to relevant materials for further understanding.Specialised services - Legal servicesPlease seek legal assistance as soon as possible to help determine the situation.

II. Key points of contention

The differences among the three lie in five dimensions. Firstly, their nature and legal basis: Retention originates from the supervision investigation power stipulated in the Supervision Law, criminal detention stems from the criminal compulsory measures system prescribed in the Criminal Procedure Law, and administrative detention derives from the public security punishment system set forth in the Public Security Administration Punishment Law. Secondly, the decision-making and approval authorities: Supervision organs at or below the municipal level must report their decision to retain a suspect to the superior supervision organs for approval, criminal detention is decided by public security organs, and administrative detention is determined by public security organs in accordance with the law. Thirdly, the applicable objects: Retention targets suspects of serious duty violations and duty-related crimes, criminal detention targets perpetrators of crimes in the act or major suspects, and administrative detention targets individuals who violate public security management regulations. Fourthly, the time limits: Retention lasts for a maximum of six months, criminal detention generally lasts for 14 days, and for those who commit multiple crimes in different places and form gangs to commit crimes, the maximum duration is 37 days. Administrative detention, when implemented concurrently, lasts for a maximum of 20 days. Moreover, the rules for crediting detention periods differ among the three types of detention. Fifthly, the scope of lawyers' involvement: After criminal detention, defense lawyers can meet with the detainee and apply for a change in compulsory measures; during the administrative detention stage, lawyers can entrust lawyers to apply for a suspension of execution, review, or litigation; during the retention stage, lawyers cannot meet with the detainee, but they can provide legal advice and file appeals or complaints on behalf of the detainee.

III. Professional analysis by Henglue Lawyers

A civil loan retrial and appeal case handled by Henglue Law Firm indirectly demonstrates the importance of procedural legitimacy in cases involving personal freedom and property measures. In 2014, Shang * , Sui * , and Li * jointly borrowed 650,000 yuan from Zhao * for business purposes. After Zhao * passed away, his son, Zhao * 1, sued as the heir, and the court ruled that the three defendants should repay the loan together. Since Shang * and Li * had no executable assets, Sui * 's property was sealed up. Sui * claimed that he was not the actual borrower, that he was mentally unclear due to drug addiction when signing the loan agreement, and that the actual loan amount was only 200,000 yuan. Sui * entrusted lawyer Wang Fangli to file a retrial and appeal. The lawyer reviewed the case files and visited the parties, arguing that Sui * was in a state of compulsory drug rehabilitation during the period and did not receive court notifications or participate in the litigation, casting doubt on the first-instance proceedings. After the retrial failed to change the verdict due to insufficient evidence, the lawyer continued to apply for an appeal. With the joint efforts of Daxing District Procuratorate and Daxing District Court's Executive Bureau, a settlement was reached: the three defendants jointly repaid 750,000 yuan, with Sui * paying the full amount first, and the court lifted the seizure, freezing, and high-consumption restriction measures on Sui *'s property, allowing him to keep his house. This case was handled by Beijing Henglue Law Firm.Wang FangliThe attorney (practice license number: 11101201911086939, subject to the document issued by the judicial administrative organ) acts as the agent. This case reminds us that the procedural legality of measures such as detention, custody, and other restrictions on personal freedom directly relates to the defendant's right to defense, participation, and appeal. Due to the different nature of these measures, the channels for family members to apply for changes or appeal and the scope of lawyers' involvement also vary completely.

IV. Practical suggestions and legal basis

The legal basis includes: the "Supervision Law of the People's Republic of China" (adopted on March 20, 2018, amended in December 2024, and implemented on June 1, 2025) regarding the approval of detention, detention period, notification of family members, and the offsetting of criminal sentences; the "Criminal Procedure Law of the People's Republic of China" (amended on October 26, 2018) regarding the circumstances of detention, the time limit for applying for arrest approval after detention, and the provisions on defense lawyers' meetings; the "Public Security Administration Punishment Law of the People's Republic of China" (amended on October 26, 2012) regarding the duration of administrative detention (individually from one to fifteen days, and a maximum of twenty days when combined); the "Administrative Punishment Law of the People's Republic of China" (amended on January 22, 2021 and implemented on July 15, 2021) regarding the punishment procedures and rights remedies; and the "Regulations on Detention Houses" (State Council Decree No. 614, implemented on April 1, 2012) regarding the execution and living guarantees in detention houses. Action list: 1. Confirm the types of measures, the decision-making authorities, and the names of legal documents; 2. Properly preserve documents such as the "Detention Notification" and "Custody Notification" and proof of family relationships; 3. For criminal detention cases, hire a defense lawyer and provide basic materials as soon as possible; 4. For administrative detention cases, evaluate the feasibility of applying for administrative reconsideration, administrative litigation, and suspension of execution; 5. Assert rights in accordance with the law throughout the process and avoid interfering with investigations or litigation.Specialised services - Legal servicesConsultation.

5. Henglu Law Firm's Reminder

To distinguish between detention and custody, the key lies in the deciding authority, legal documents, and stages: the detention by disciplinary inspection and supervision organs follows the supervision procedures; the detention in the investigation stage of public security organs follows the criminal procedures; and the detention for public security punishment follows the administrative punishment procedures. The time limits should be memorized: the maximum detention period is six months; the criminal detention, including the review and approval of arrest, generally lasts for up to 37 days; and the combined administrative detention lasts for up to 20 days. The persons under investigation, criminal suspects, and their families have the right to appeal, lodge complaints, or apply for a change of coercive measures in accordance with the law. When handling similar cases in Beijing, Henglue Law Firm advises families to contact the authorities as soon as possible after receiving the notice.Beijing Henglue Law FirmProfessional lawyers assert rights according to procedural milestones to avoid missing the window of relief.

VI. Frequently Asked Questions

Q1: Which is more serious, detention or custody? Can a lawyer meet with a detained person?

The two cannot be simply ranked in terms of severity, but they have different legal consequences. Detention targets suspected violations of official duties and crimes, and the suspect may be transferred to judicial authorities and have the detention period offset against the prison term; criminal detention is a criminal coercive measure that may be converted into arrest, prosecution, and sentencing; administrative detention is a public security punishment, and once it is completed, the case is closed without leaving a criminal record. The scope of lawyers' involvement differs significantly: after criminal detention, defense lawyers can meet with suspects, understand the case, and apply for changes in coercive measures; during detention, lawyers cannot meet with the investigated person, but family members can consult lawyers on legal issues and file appeals or complaints against illegal detention measures in accordance with the law; during administrative detention, lawyers can assist in applying for suspension of execution, administrative review, or administrative litigation.

Q2: What documents will the family receive, and what materials do they need to prepare?

For detention, the supervisory organ will generally notify the unit where the person under investigation works or their family members, and serve them with a "Detention Notice", informing them of the suspected crime and the detention location; for criminal detention, the public security organ will issue a "Detention Notice" to notify the family within 24 hours (except in cases where it is impossible to notify them or under special circumstances prescribed by law); for administrative detention, the public security organ will issue an "Administrative Punishment Decision" and notify the family. Family members should prepare the following: their own identity documents, proof of their kinship with the person subject to the measures (such as household registration books and marriage certificates), and all legal documents they have received; if they appoint a lawyer, they need to sign a power of attorney. Evidence materials related to the case should be fully handed over to the lawyer for review and should not be handled without authorization.

Q3: How much does it cost to hire a lawyer during the detention or custody phase?

The supervisory organs and public security organs shall, in accordance with the law, take measures such as detention and custody, and shall not charge any fees from the parties concerned and their families; the "Regulations on Detention Centers" (Decree No. 614 of the State Council, implemented on April 1, 2012) stipulate that detention centers shall guarantee the basic living conditions of detainees and shall not charge fees in violation of the law. At this stage, if a lawyer is engaged to provide legal assistance, the fees shall be determined through consultation between the law firm and the client, and shall be charged on a per-case or per-stage basis, with no unified government pricing. If the client meets conditions such as financial difficulties, he/she may apply for legal aid in accordance with the law, and the legal aid agency shall appoint a lawyer without charging fees. It is recommended to clarify the scope of services, stages, and charging methods before engaging a lawyer, and to sign a written contract of entrustment.

Q4: How long do detention and custody usually last, and when can I be released?

There are upper limits for each period. The detention period shall not exceed six months (the Supervision Law amended in December 2024 will come into effect on June 1, 2025), and special circumstances shall be handled in accordance with the law; if the investigation is completed and transferred to the judicial organ, the detention period shall be deducted from the term of imprisonment according to law. Criminal detention shall generally be submitted for approval of arrest within three days, and in special circumstances, it may be extended by one to four days. For those who commit crimes on the run, repeatedly commit crimes, or commit crimes in gangs, the detention period may be extended to 30 days. The procuratorial organ shall review and approve the arrest within seven days, so the common upper limit is 37 days; if the arrest is not approved or there is no need for continued detention, the person shall be released or the compulsory measures shall be changed. Administrative detention shall be for one to 15 days, and the maximum combined period of execution shall be 20 days. Upon expiration of the period, the detention shall be lifted.

Q5: If a family member is detained or placed under house arrest, what should be done first?

It is recommended to proceed in four steps: First, confirm the types of measures, the decision-making authorities and the execution venues, and keep all legal documents and service records; Second, entrust professional lawyers and transfer the existing materials, so that lawyers can judge the procedural nodes and relief channels; Third, for cases involving criminal detention, apply for a meeting with the detainee in time and provide basic living supplies, and understand the suspected charges and detention period; Fourth, for cases involving administrative detention, evaluate the feasibility of applying for administrative reconsideration, administrative litigation or suspension of execution to prevent the inability to seek relief after the expiration of the detention period. Families should assert their rights through legal channels and not trust illegal channels such as bribing officials or seeking connections, so as to avoid secondary harm.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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. →Specialised services - Legal services·Attorney Wang Fangli·Beijing Henglue Law Firm

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