[Direct answer]Criminal detention does not equal a conviction: criminal detention is merely a coercive measure taken during the investigation stage to ensure the smooth progress of the litigation. According to Article 12 of the Criminal Procedure Law, no one shall be determined guilty without a court's judgment in accordance with the law. After criminal detention, the case may be withdrawn, not approved for arrest, or not prosecuted. It may also be prosecuted and then the defendant may be acquitted or convicted and sentenced. The outcome depends on the quality of the evidence and the defense. After being detained, the defendant should immediately hire a lawyer to meet with him or her to review whether the defendant's actions meet the threshold for criminal prosecution and whether the evidence is truly sufficient. During the golden period of 37 days, efforts should be made to prevent the approval of arrest and to obtain bail pending trial, so as to reserve room for acquittal, non-prosecution, or lenient sentencing. For more details, please refer to the following link:Criminal defense legal servicesAndBeijing Henglue 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 court's legal judgment, no one shall be deemed guilty. This article establishes the exclusivity of the right to convict: the detention and arrest by investigative organs are merely procedural coercive measures, and the prosecution by the procuratorial organs is just a claim for prosecution, neither of which produces the effect of guilt. Accordingly, the person who has been detained in criminal custody is still a criminal suspect in law rather than a criminal, and will not have a criminal record; the significance of this is that the family members do not need to equate criminal detention with "going to prison", but should focus on evidence review and procedural defense.

2. Article 13 of the Criminal Law of the People's Republic of China (amended on December 26, 2020)

All acts that endanger national sovereignty, social order, and citizens' rights and that should be punished according to law are considered crimes. However, if the circumstances are significantly minor and the harm is not great, they are not considered crimes. This article is the general basis for the threshold of criminalization: if the quantity does not meet the standards set by judicial interpretations, the circumstances are significantly minor, or the subjective intent is not clear, they should not be identified as crimes according to law. In practice, a large number of criminal detention cases are based on this to obtain the results of case withdrawal, non-arrest, or non-prosecution at the investigation and review and prosecution stages.

3. The actual trend of the case after the suspect is detained by the police for criminal prosecution (the judicial practice of the court)

The procuratorial organ shall approve the arrest only when the evidence, the punishment, and the social dangerousness meet the requirements (Article 81 of the Criminal Procedure Law). It's not uncommon that the approval of arrest is denied due to insufficient evidence. At the review and prosecution stage, if the crime is minor, the prosecutor may decide not to prosecute at his discretion. The court's conviction requires that the evidence be true and sufficient and exclude reasonable doubt. It can be seen that criminal detention is just the starting point rather than the conclusion: the earlier the lawyer reviews the threshold of criminal conviction and the chain of evidence, the more likely it is to terminate the procedure at the front end and avoid entering the trial with unclear evidence.

II. Real Cases of Henglue Law Firm (Detailed Review)

Review of the case:Zhang * was criminally detained by a branch of the Beijing Municipal Public Security Bureau on suspicion of fraud. His family entrusted the case to Beijing Henglu Law FirmYuan HangThe lawyer acts as the defender. After accepting the entrustment, the lawyer contacts the investigative organ and meets with the client as soon as possible, communicates with the investigative organ in detail about the case and submits written opinions, facilitating bail pending trial; then assists the family in handling all the procedures of repaying the illegal income and reaching a settlement agreement with the victim, who issues a letter of understanding.

The focus of the controversy:First, whether it is possible to promote bail and stabilize the situation during the criminal detention stage; second, how to further strive for non-prosecution after bail is granted; third, how to systematically demonstrate mitigating circumstances such as minors, plea of guilty and punishment, and compensation and apology.

Our position and that of the other party are as follows:Zhang *'s involvement in the case is relatively minor. He was a minor at the time of the crime. After appearing in court, he truthfully confessed and voluntarily admitted his guilt and accepted the punishment. He has fully refunded the compensation and obtained the victim's forgiveness. He earnestly requests that he not be prosecuted. The case-handling organ shall review whether to initiate a public prosecution in accordance with the law.

Attorney's Strategy and Legal Opinions:During the investigation stage, Attorney Yuan Hang used written legal opinions to push for the change of the compulsory measures to bail pending trial and submitted an application for refusing to approve the arrest; during the review and prosecution stage, based on the full facts of the case, the lawyer combined the statutory mitigating circumstances such as Zhang * being a minor at the time of the crime, truthfully confessing the crime facts, voluntarily pleading guilty and accepting the punishment, returning all illegal gains and obtaining the victim's understanding, and submitted an application for refusing to prosecute, arguing that the crime circumstances were minor and there was no need for criminal punishment.

The court's reasoning and the outcome of the case:The procuratorate, after review, found that Zhang *'s crime was minor and adopted Henglue Lawyer's defense opinion, deciding not to prosecute him according to law. Zhang * does not need to be subject to criminal punishment and will not have a criminal record. This case fully demonstrates the defense path from criminal detention to non-prosecution: criminal detention is just a coercive measure, not a conviction. There is room for change at each stage, and the key lies in evidence review and case circumstance integration.

This case is handled by Beijing Henglu Law FirmYuan HangThe attorney (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent.

III. Frequently Asked Questions

Q1: Is being criminally detained necessarily a sign of guilt?

Not necessarily. Criminal detention is a coercive measure stipulated by the Criminal Procedure Law, aimed at ensuring the smooth progress of investigation and litigation, not a determination of guilt. According to Article 12 of the Criminal Procedure Law, only when the people's court makes a judgment according to law can guilt be determined. In practice, a large number of cases are not approved for arrest due to insufficient evidence after criminal detention, or are not prosecuted or have the case withdrawn due to minor circumstances. Families should not equate criminal detention directly with "going to jail". The most urgent task now is to entrust a lawyer to verify the suspected charges and evidence, and evaluate the scope of defense.

Q2: What are the possible outcomes of the case after the suspect is detained by criminal detention?

There are roughly four categories: First, if the evidence is insufficient or does not meet the threshold for criminal prosecution, the case will be withdrawn, the arrest will not be approved, or the prosecution will not be initiated; Second, after the case is converted to bail pending trial, the investigation will continue, and the case will ultimately be prosecuted or not prosecuted; Third, after the prosecution is initiated, the court will determine that the charges are established and impose a sentence; Fourth, after the prosecution, the court will rule that the defendant is not guilty. Each step of the process depends on the quality of the evidence and the defense. The earlier the lawyer gets involved, the more likely he or she will be able to influence the outcome of the case at critical junctures such as the approval of the arrest and the non-prosecution, and the smaller the room for maneuver will be if the case is delayed for too long.

Q3: What is the maximum length of criminal detention?

Under normal circumstances, the public security organ shall submit the case to the procuratorate for approval of arrest within three days after detention, and the time limit may be extended by one to four days in special circumstances; for major suspects who commit crimes in a roving manner, repeatedly commit crimes, or commit crimes in gangs, the time limit may be extended to 30 days; the procuratorate shall make a decision on whether to approve the arrest within seven days. Therefore, in ordinary cases, the outcome is usually known after about ten days, and the longest time limit is 37 days, commonly known as the "golden 37 days". If the approval of arrest is not granted within the time limit, the compulsory measures shall be changed or the suspect shall be released.

Q4: If I am granted bail pending trial, will I still be sentenced to prison?

Bail pending trial is merely a change in coercive measures, not equivalent to the conclusion of the case. Investigation, review and prosecution, and trial will still continue. Whether a sentence will be imposed depends on the evidence and circumstances. However, for the parties involved, bail means being released from detention, returning to their families and work, and cooperating with the investigation and admitting guilt and accepting the punishment, which may lead to a lighter sentencing. If they subsequently secure a non-prosecution decision, there will be no guilty determination and no criminal record. This case is an example of obtaining a non-prosecution decision after bail.

Q5: What should I do if I'm detained by the police even though I haven't committed any crime?

First, immediately hire a lawyer to meet with the client and collect evidence of innocence, such as alibis, chat records, financial transactions, and witness leads. Submit a legal opinion on innocence to the investigating authority and apply for bail pending trial. For cases with insufficient evidence, organize arguments based on the principle that "insufficient evidence does not warrant an arrest warrant". If it is ultimately confirmed that the detention or arrest was erroneous, the client can apply for state compensation in accordance with the State Compensation Law. It is strictly prohibited to resist the investigative process on one's own. All rights must be claimed through legal channels.

IV. Suggestions for Protecting Rights

  • Upon receiving the notice of criminal detention, first clarify the suspected crime and the place of detention. Understand criminal detention as a procedural measure rather than a conclusion of guilt, and avoid taking hasty and ill-considered actions when in a hurry.
  • The first step is to immediately hire a lawyer to conduct a meeting, with the focus on reviewing whether the actions meet the threshold for criminal prosecution and whether the evidence is truly sufficient, in order to strive for an acquittal at the preliminary stage.
  • During the 37-day golden period, we will promote mitigating circumstances such as compensation, reconciliation, and plea bargaining, and strive to avoid detention and secure bail pending trial.
  • After being granted bail, don't think that everything is settled. You should continue to cooperate with your lawyer during the review and prosecution stage to strive for non-prosecution and avoid leaving a criminal record.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limits. →Criminal defense legal services·Attorney Yuan Hang·Beijing Henglu Law Firm