[Direct answer]Not necessarily. Criminal detention is just a coercive measure in the investigation stage, not a conclusion of guilt. According to Article 12 of the Criminal Procedure Law, no one may be determined guilty without a judgment by the people's court in accordance with the law; the case may end with the case being withdrawn, bail being granted after the arrest is not approved, non-prosecution, or even acquittal. Taking a case of endangered wildlife protection handled by our firm as an example, the lawyer defended that "the gift does not constitute illegal acquisition, and the subjective element of the defendant was not aware of it". The client was released on bail within just seven days from the time of criminal detention. If a family member is detained, the correct approach is to hire a lawyer to meet with them as soon as possible, verify whether the threshold for criminal prosecution has been reached, and grasp the maximum 37-day review and arrest window. Beijing Henglu Law FirmCriminal defense teamThey can intervene at the first time. For more details, please refer to the following link:Beijing Henglu Law Firm.

I. Legal basis and interpretation of provisions

1. Article 12 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018)

Without a judgment by the people's court in accordance with the law, no one may be determined guilty. This is the legislative embodiment of the presumption of innocence: criminal detention and arrest are only procedural measures to ensure the progress of the litigation, and are separate from conviction; conviction must go through a trial, and the standard of proof must reach the level of conclusive and sufficient evidence, excluding reasonable doubt (Article 55). For families, this means that "being criminally detained" does not equal "being a criminal". There is indeed room for defense during the investigation stage - whether the threshold for conviction has been reached, whether there is a social danger, and whether the evidence is sufficient are all points that can be legally contested.

2. Article 16 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018)

The article stipulates six circumstances under which criminal responsibility will not be pursued: the circumstances are significantly minor and the harm is not great, so they are not considered crimes; the crime has exceeded the statute of limitations for prosecution; the punishment has been waived by a special amnesty order; the crime is handled in accordance with the Criminal Law and requires a complaint before prosecution, but there is no complaint or the complaint has been withdrawn; the suspect or defendant has died; and other circumstances stipulated by law exempt them from criminal responsibility. In the above circumstances, the case shall be withdrawn, the prosecution shall not be initiated, the trial shall be terminated, or the defendant shall be acquitted. Among them, "the circumstances are significantly minor" and "do not meet the standard for criminal conviction" are the most common ways to avoid sentencing after criminal detention, and they are also the focus of defense during the investigation stage.

3. The interpretation of the case by the actual adjudicators

In practice, the criminalization and mitigation of punishment for various defendants at different stages are as follows: - **During the investigation phase**: If the defendant's actions fall below the criminal thresholds (e.g., quantity or amount) or the circumstances are significantly minor, efforts can be made to have the case withdrawn or to avoid prosecution. - **During the review and prosecution phase**: According to Article 177 of the Criminal Procedure Law, defendants whose crimes are minor and do not require sentencing can be subject to conditional non-prosecution. Similarly, defendants with insufficient evidence may face doubtful non-prosecution. - **During the trial phase**: The principles of legality of punishment and presumption of innocence must be upheld. In misdemeanor cases, factors such as guilty pleas, restitution, apologies, and first-time offenses often significantly increase the likelihood of non-prosecution or probation. The most common pitfalls for families: - Believing that "imprisonment always leads to sentencing" and giving up on defense. - Conversely, falling for scams involving "connections to bail people out" and losing money. Both approaches are wrong.

II. Real cases of Henglue Law Firm (detailed review)

Review of the case:On May 26, 2026, W*, who had worked and lived in Beijing for more than 20 years, was criminally detained by the public security organ on suspicion of endangering precious and endangered wild animals. The case originated in 2018: While W* was working as an ordinary employee at a KTV in Beijing, a customer gave a parrot to the KTV as a gift of gratitude. W* and his colleagues kept the parrot as a normal pet in the store. After the KTV went bankrupt, W* didn't want the parrot to be left unattended, so he transferred it to the front desk of the apartment he managed and let the staff continue to keep it, never expecting that this would violate criminal law. After investigation, it was found that the parrot was an African grey parrot, which is a first-level protected wild animal in China. W*'s family immediately entrusted the Beijing Henglu Law Firm to handle the case for them.Lu XiaoxueThe lawyer serves as the defender.

The focus of the controversy:First, whether the gift from the customer constitutes illegal acquisition in the sense of criminal law; Second, whether W * subjectively knew that the animal was a nationally protected species; Third, whether the circumstances are significantly minor and whether they meet the conditions for bail.

Our position and the other party's position are as follows:W's family believes that he kept the pet out of kindness and without the intention of making a profit, so he should not be considered a criminal. They hope that the case can be changed to bail pending trial. However, the investigation organ filed a case against him based on his objective act of transferring the protection of the pet and took criminal detention measures against him.

Attorney's Strategy and Legal Opinion:On the day that Attorney Lu Xiaoxue accepted the case, she immediately went to the detention center to meet with the client and comprehensively reviewed the facts, establishing a defense strategy focusing on "not constituting a crime, with significantly minor circumstances and compliance with bail conditions as supplements": Firstly, objectively speaking, W * did not engage in illegal acquisition. The parrot was a free gift, and the recipient was the KTV. W * only took care of it out of goodwill, without any transaction consideration, which did not meet the characteristics of illegal acquisition centered on transactional purposes. Secondly, subjectively speaking, W * had no criminal intent at all. He had been publicly keeping the parrot for a long time, just like keeping an ordinary pet, lacking the key element of "knowing". Thirdly, even if the act constituted a crime, it was significantly minor. The parrot was alive and healthy, without causing any deaths or losses. W * had a pure motive and truthfully confessed after appearing in court. Based on this, the attorney submitted a "Application for Bail Pretrial Detention" and communicated with the case-handling authority multiple times.

The court's reasoning and the outcome of the case:After comprehensively reviewing the facts and evidence of the entire case, the case-handling organ adopted the defense opinion and determined that W *'s behavior did not pose sufficient social danger and was not subject to mandatory detention. According to the law, the compulsory measures against him were changed to bail pending trial. W * was released on the same day, and the entire process from criminal detention to release on bail took only 7 days. This case shows that criminal detention does not equal conviction. If the behavior lacks the elements of constituting a crime or is of significantly minor nature, one can strive for freedom at the investigation stage according to the law, and timely entrusting a lawyer is a key factor.

This case is handled by Beijing Henglu Law Firm.Lu XiaoxueThe attorney (practice certificate number: 11101202311685747, subject to the certificate issued by the judicial administrative organ) acts as the agent.

III. Frequently Asked Questions

Q1: What is the latest timeframe within which a person must be released or granted bail after being detained for criminal prosecution?

According to Article 91 of the Criminal Procedure Law, if the public security organ deems it necessary to arrest a suspect, it shall submit the case to the 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 for submitting the case for review and approval may be extended to 30 days. The procuratorate shall make a decision on whether to approve the arrest within seven days. In total, the maximum period is 37 days. If the arrest is not approved, the public security organ shall immediately release the suspect or change the coercive measures in accordance with the law. This period is the golden window for defense.

Q2: Under what circumstances will a person not be sentenced to prison after being detained in custody?

There are four common types: where the act does not meet the threshold for criminal prosecution, such as the quantity or amount not reaching the standard; where the circumstances are significantly minor and the harm is not great, and it is not considered a crime according to Article 16; where the evidence is insufficient to meet the standard of "conclusive and sufficient evidence and exclusion of reasonable doubt" for conviction; and other circumstances where prosecution is not pursued according to law. Even if the act constitutes a crime, factors such as pleading guilty and accepting punishment, voluntary surrender, being an accomplice, and making restitution and obtaining the victim's forgiveness may help to secure non-prosecution, probation, or a light punishment. The conclusion is: there is a real possibility of acquittal or exemption from criminal prosecution after detention, and it's worth making every effort to strive for it.

Q3: What can family members do during the period of criminal detention?

After receiving the detention notice, note the suspected crime, the detention location, and the case-handling unit; as soon as possible, hire a lawyer to meet with the detainee with three certificates to understand the case and the detainee's physical condition; in accordance with the supervision regulations, transfer daily necessities through the case-handling organ and deposit money appropriately; cooperate with the lawyer to collect medical records, employment certificates, fixed residences, and other materials showing that the detainee poses no danger to society. Do not believe in "using connections to bail out someone" or "paying money to release someone", as such scams are often fraudulent and may also put family members at risk of breaking the law. Everything should be handled through legal defense by a lawyer.

Q4: Is it all right once I'm released on bail and awaiting trial?

No. Bail is just a change in the coercive measures, and the case will still continue to be investigated, transferred for review and prosecution, and even tried; but it means the restoration of personal freedom and more relaxed preparation for defense, which is an important favorable result at a certain stage. During the bail period, the defendant should abide by the rules such as appearing when summoned and not leaving the city or county where he/she lives without approval. Violation of these rules may result in the forfeiture of the bail or the change of the arrest measure. Subsequently, the defendant should continue to cooperate with the lawyer to strive for non-prosecution, probation, or lenient punishment until the case is concluded in accordance with the law.

Q5: Will being detained in custody leave a criminal record that will affect my children?

A criminal record refers to a criminal record, which is only generated after a court has convicted the defendant of a crime. Those who have their cases withdrawn after criminal detention, are not approved for arrest, are not prosecuted, or are acquitted of the charges will not have a criminal record; administrative detention will result in a record of violating the law, which is different in nature from a criminal record. In scenarios such as employment background checks, the court's effective judgment is the authoritative basis. Individuals can apply for a certificate of no criminal record in accordance with the law. This is precisely why it's important to strive to have the case withdrawn or not prosecuted before sentencing – the outcomes differ greatly, and the impact on oneself and one's family can vary significantly.

IV. Suggestions for Protecting Rights and Interests

  • After receiving the detention notice, consult a lawyer as soon as possible and meet with them to verify the alleged charges and whether the threshold for criminal prosecution has been reached.
  • Seize the review and arrest window of up to 37 days after detention, and submit legal opinions on refusing to approve arrest or granting bail in a timely manner.
  • Organize evidence to prove innocence or mitigated guilt based on the defendant's subjective awareness, the nature of the act, and the severity of the circumstances, and strive to have the case dismissed, the arrest warrant rejected, or the charges withdrawn.
  • Don't easily believe in the idea of "spending money to get someone out of trouble", don't transfer money to unrelated people, and proceed with the defense through lawyers in accordance with the law.

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 Lu Xiaoxue·Beijing Henglue Law Firm