[Direct answer]No. After being approved for arrest, detainees are held in detention centers, and their personal freedom is completely restricted. They are not allowed to have mobile phones, nor can they directly make or receive calls from their families. This is a basic requirement of detention management, which has nothing to do with the severity of the case. Detainees only have three legal channels to communicate with the outside world: meeting with defense lawyers according to law, correspondence through letters inspected by the detention center, and meeting arrangements with close relatives after the judgment takes effect. If family members are eager to understand the case and the situation of the detainee, the most direct way is to entrust a defense lawyer to meet with them, rather than inquiring about so-called channels that can arrange calls.
I. Problem Background and Typical Scenarios
This problem arises almost universally among the families of detainees in every case of pre-trial arrest. Upon receiving the arrest notice, the families' most pressing concerns are the detainee's condition and the status of the case. Their first instinct is often to call the detention center or try to send a mobile phone into the facility, only to be rejected each time. Shortly afterward, they receive calls from strangers claiming to have connections inside the detention center and offering to arrange phone calls, often luring them into scams. The detention center's communication management has clear rules: detainees' external communications are limited to letters, which are subject to inspection. Any content involving collusion, tip-offs, or obstruction of investigations will be withheld. Phone calls are only permitted under extremely exceptional and approved circumstances. Many families are unaware of these rules, resorting to desperate measures, wasting money without achieving anything, and delaying the precious time to hire lawyers. Rather than seeking illegal channels, it's more effective to focus on using legal avenues, especially arranging the first meeting with defense attorneys as soon as possible. Some families repeatedly dial the mobile phone number left by the detainee before admission, unaware that the number has already been deactivated and information can only be transmitted through the aforementioned three channels.
II. Key points of contention
Regarding the communication after the approval of arrest, the disputes focus on four aspects. Firstly, the guarantee of lawyer's visit: According to Article 39 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), when a defense lawyer requests a visit with a practice certificate, a proof of the law firm, and a power of attorney, the detention center shall arrange it promptly, but no later than 48 hours; for cases involving crimes against national security and terrorist activities, the visit during the investigation period requires the permission of the investigative organ. Secondly, the scope and inspection of letters: Normal family letters and greetings can generally be delivered, but those involving case details, collusion, or leaking information will be inspected and withheld. Thirdly, the timing of family visits: Close relatives are generally not allowed to visit before the judgment takes effect, and most detention centers only arrange family visits after the judgment takes effect. Fourthly, the exchange of property: Daily necessities, deposits, and clothing can be delivered after registration according to regulations, but prohibited items such as cash and mobile phones are not allowed to be brought into the detention center. The specific requirements of each detention center vary.
III. Professional analysis by Hengluo Lawyers
The timeline of procedures after the approval of arrest determines the pace of communication between families and detainees. According to Article 156 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), the investigation and detention period after arrest generally does not exceed two months. If the case is complex and cannot be concluded within the time limit, it can be extended by one month with the approval of the people's procuratorate at the next higher level; for specific major and complex cases, it can be further extended according to law. After the investigation is completed, the case is transferred for review and prosecution. The time limit for the people's procuratorate to review and prosecute the case is generally one month, and it can be extended by 15 days for major and complex cases. This means that the two to four months after the approval of arrest are an intensive period for securing evidence and planning the defense strategy. For families, the role of lawyers during this period is irreplaceable: they convey the detainee's physical and mental condition to families, verify the legality of the investigation procedures, convey the families' support and willingness to make restitution, and collect materials for applying for bail and reviewing the necessity of detention. The window for applying for approval of arrest within 30 days after detention and the first month after the approval of arrest are the two most concentrated periods for applying for changes in coercive measures. The earlier the communication channels are established, the more smoothly the defense can proceed, and the more reassured the families will feel. The calculation of the time limit starts from the date of arrest, and the date specified on the arrest notice is the starting point. Families should note this date and check it with their lawyers item by item.
IV. Practical suggestions and legal basis
The practical operations are carried out along four lines. First, entrusting a lawyer: Family members handle the entrustment with proof of kinship and a power of attorney, and the lawyer meets with the detainee based on the three certificates, with no legal limit on the number of meetings. Second, communicating by letter: The letter does not mention the case details, speculate about evidence, or convey content that may be construed as collusion. Instead, it focuses on family updates and encouragement. The envelope clearly indicates the name of the detention center, the detention area, and the detainee's identification number. Third, delivering supplies: Deposit funds through the detention center's designated window or online channels for the detainee to purchase daily necessities. Clothes should be delivered according to the detention center's requirements on time and type, and confirm by phone before delivery. Fourth, preventing fraud: Anyone claiming that paying money can arrange phone calls, meetings, or even release the detainee is a scam and can be reported to the police immediately. According to Article 37 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), the defense attorney's duty is to safeguard the suspect's or defendant's litigation rights. Legal channels are fully sufficient, and there is no need or permission to take alternative approaches. The four lines run in parallel without conflict. The lawyer's meeting runs throughout the entire process and serves as the main channel for information exchange, while the other channels serve as supplementary measures.
5. Henglu Law Firm's Reminder
Here are three pieces of advice for family members. First, the approval of detention does not mean the outcome has been determined. After the approval of detention, there are still many paths to review the necessity of detention, bail pending trial, and leniency for plea and confession during the review and prosecution stage. The critical period is within the first two months after the arrest. Second, the only legitimate channels for communicating with detainees are lawyer visits and inspected letters. Other channels are risky, which may delay the case and cause losses to family members. Third, keep the detention notice well, which specifies the detention facility, the case-handling organ, and the suspected crime. This is the starting point for all subsequent procedures such as entrustment, visits, and applying for changes in coercive measures. For family members who are not familiar with the procedures, they can first consult a lawyer for advice.Criminal defense servicesFirst, understand the content of the defense work at each stage through the page, and then decide on the entrustment arrangements to avoid detours.
VI. Frequently Asked Questions
Q1: During detention, what channels can detainees use to contact their families?
There are three legal channels. The most common one is defense lawyers' meetings, during which lawyers can convey family members' greetings and procedural messages agreed upon by the family to the detainees, and also inform the family of the detainee's situation. Secondly, letters that have been checked by the detention center can be sent normally as long as the content avoids discussing the case. After the judgment takes effect, close relatives can apply for meetings in accordance with the detention center's regulations. Detainees are not allowed to use mobile phones or actively call their families. Some detention centers offer humanized family call arrangements, but these are only available at specific stages and upon approval, and do not constitute a universal right. Anyone claiming to be able to arrange private calls during detention is suspected of fraud or illegal operations. Families should not participate in such activities and should not make payments under any circumstances.
Q2: How long after receiving the arrest notice can family members hire a lawyer to meet with the detainee?
It can be done at any time. The arrest is approved by the procuratorate and executed by the public security organ. The notice delivered will specify the place of detention and the suspected crime. After the family members sign a power of attorney with proof of kinship such as household registration booklets and marriage certificates, the lawyer can apply for a visit to the detention center with a lawyer's practice certificate, a certificate from the law firm, and the power of attorney. According to Article 39 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), the detention center shall arrange the visit in a timely manner, and the latest time shall not exceed 48 hours. The earlier the visit is conducted, the more beneficial it will be: the lawyer can immediately verify the investigation procedures after the approval of the arrest, inform the client of their litigation rights, evaluate the conditions for bail, and collect materials for the review of the necessity of detention. It is recommended to complete the first entrustment and visit within one week after receiving the notice.
Q3: What information can a lawyer convey to the family during a meeting?
The following information can be conveyed: updates on family members' recent situations, health conditions, and arrangements for children and elderly relatives; the family's willingness to compensate for losses or seek understanding; and whether clothing deposits have arrived or the family's concerns about procedural arrangements. However, there are two types of information that cannot be conveyed: first, case-related information that may hinder the investigation, such as the statements of co-defendants, the location of evidence, or strategies for responding to interrogations; second, instructions urging detainees to recant their confessions, collude in providing false evidence, or contact specific individuals outside the prison. If defense attorneys knowingly transmit information related to colluding or destroying evidence, they will bear legal responsibility. When family members express their intention to compensate for losses or seek reconciliation, the correct approach is to first discuss the plan with the lawyer, who will communicate and facilitate the process during the meeting in accordance with the law, rather than including such information in oral messages.
Q4: How long is the investigation and detention period after an arrest, and what should be done when it expires?
Generally, it shall not exceed two months. According to Article 156 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), the investigation and detention period for a criminal suspect after arrest shall not exceed two months; for cases that are complex and cannot be concluded within the time limit, the investigation and detention period may be extended by one month with the approval of the people's procuratorate at the next higher level; for major and complex cases in remote areas with great transportation difficulties, major criminal group cases, and major and complex cases involving mobile offenders, etc., the investigation and detention period may be further extended according to law. If the case is still unfinished after the time limit expires and does not meet the conditions for extension, the compulsory measures shall be changed or the suspect shall be released. Family members and lawyers should pay attention to the starting point of the time limit, and when the time limit is approaching, they can apply for a review of the necessity of detention. If the conditions for bail are met, they should apply for bail in time.
Q5: Can I send money, remittances, and daily necessities to the detention center, and how to do it?
Yes, but it must be done through the formal channels of the detention center. Regarding deposits: Most detention centers have opened bank counters, online banking services, or dedicated account transfer channels. When transferring funds, you need to fill in the detained person's name, identification number, and the detention center's information. The funds will be deposited into their personal consumption account, which can be used to purchase daily necessities. There is a monthly spending limit. Regarding clothing: Clothing should be delivered at the times announced by the detention center. Generally, seasonal clothing is accepted, but items made of synthetic fibers or with metal accessories or drawstrings are usually not allowed. You need to confirm the receiving date in advance by phone. Medicines, food, cash, mobile phones, etc. are generally not accepted. The specific rules of each detention center may vary slightly. Before proceeding, please call their external consultation hotline or check the announcements. Do not trust any promises made by intermediaries who charge fees to bypass these channels. Scams involving money and goods are most common during the transfer process. Before sending or delivering items, it is best to make a list and take photos for future reference in case of disputes over lost items.
This article is written based on the common judicial interpretation 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 evidence materials, to avoid missing the statutory time limit. →Criminal defense legal services·Beijing Henglu Law Firm
Disclaimer: This article is compiled based on current laws and regulations and publicly available adjudication rules. It is for general reference only and does not constitute formal legal advice for specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer promptly.