[Direct answer]When a family member is detained in criminal custody, the family should immediately do four things: keep the detention notice, verify the suspected crime, the case-handling unit, and the place of detention; in accordance with Article 34 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), the family has the right to appoint a defense attorney from the date of the first interrogation or the adoption of coercive measures by the investigation organ. During the investigation, only lawyers can be appointed; as soon as possible, entrust a lawyer to meet with the detainee to understand the case. According to Article 39, the detention center shall arrange a meeting within 48 hours at the latest; grasp the "golden rescue period" of up to 37 days to strive for non-approval of arrest and bail pending trial. Do not believe in "using connections to bail out people". The daily necessities and money will be transferred to the case-handling organ according to law. Beijing Henglue Law FirmCriminal defense teamYou can attend the meeting during the golden period. For more details, please refer to the following link:Beijing Henglu Law Firm.

I. Legal basis and interpretation of provisions

1. Article 34 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018)

From the date of the first interrogation or the adoption of coercive measures by the investigative organ, the criminal suspect has the right to appoint a defense attorney; during the investigation, only lawyers can be appointed as defense attorneys. This article means that family members do not need to wait until the case is "transferred to the court" to take action. They can appoint a lawyer on the same day of criminal detention. The earlier the lawyer gets involved, the more likely he or she will be able to meet with the suspect to verify the case facts, fix the first-time offender status, obtain a confession, and admit guilt and accept the punishment during the golden period, thus creating conditions for non-approval of arrest and bail application.

2. Article 39 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018)

Defence lawyers holding their lawyer's practice certificates, certificates of law firms, and power of attorney or legal aid letters may request to meet with detained criminal suspects. The detention center shall arrange the meeting in a timely manner and no later than 48 hours; for cases involving crimes against national security and terrorist activities, the meeting during the investigation period shall be subject to the permission of the investigating organ. The meeting shall not be monitored. Lawyers may learn about the suspected charges and case circumstances, convey the concerns of the family, and provide legal assistance. This is the legal main channel for family members to obtain information during the investigation stage.

3. Practical adjudication guidelines

According to Article 91, if the public security organ deems it necessary to arrest a detainee after detention, it shall generally submit the case to the procuratorate for approval of arrest within three days. In special circumstances, the period may be extended by one to four days, and for major suspects who commit crimes by roving around, repeatedly, or in gangs, the period may be extended to 30 days. The procuratorate shall make a decision on whether to approve the arrest within seven days, which is collectively known as the "Golden 37 Days". If the procuratorate does not approve the arrest, the public security organ shall immediately release the detainee or change the coercive measures in accordance with the law. Even if the arrest has been approved, the detainee can still apply for a review of the necessity of detention according to Article 93. The most common pitfall for families is to seek help from so-called "intermediaries" in a hurry, which not only wastes money but also delays the process.

II. Henglue Lawyer's Real Cases (Detailed Review)

Review of the case:In May 2026, C* was criminally detained by the Haidian Branch of the Beijing Municipal Public Security Bureau on suspicion of disseminating obscene materials for reposting and publishing three video files on a forum. He was detained in Haidian Detention Center. The related posts were viewed approximately 5,000 times and downloaded about 1,000 times, but he did not gain any economic benefits from them. C* truthfully confessed to the crime upon his first interrogation after being summoned, and admitted that he acted alone without accomplices. After appearing in court, he voluntarily pleaded guilty and accepted the punishment. His family was very anxious and immediately entrusted the Beijing Henglu Law Firm to handle the case for him.Shang JiangpengAt this moment, the lawyer is in the prime period to strive for bail pending trial.

The focus of the controversy:First, whether the behavior constitutes a crime and whether the quantity meets the statutory threshold for criminal prosecution; second, how to evaluate the circumstances of voluntary surrender and admission of guilt and punishment; third, whether it is really necessary to continue detention.

Our position and that of the other party are as follows:The family members hope to change the compulsory measures and be released as soon as possible. The investigation organ detained the suspect on criminal detention grounds, focusing on the number of videos involved, the number of views and downloads, and the social impact of the case.

Attorney's Strategy and Legal Opinions:Attorney Shang Jiangpeng immediately went to Haidian Detention Center to meet with the suspect, verify the number of posts, their content, motives, and the process of appearing in court, and confirmed that the suspect was a first-time offender, surrendered voluntarily, admitted guilt and pleaded for leniency, and had no profit motive. He then submitted a "Legal Opinion on Bail Pending Trial" to the Haidian Branch of the Beijing Municipal Public Security Bureau, which contained four arguments: the number of videos far exceeded the legal threshold for criminal prosecution, and the number of views and downloads could not replace the quantitative standard; the suspect's truthful confession after being summoned to appear in court constituted voluntary surrender, and combined with his admission of guilt and plea for leniency, he could be given a lenient punishment according to law; the social dangerous circumstances of committing new crimes, destroying evidence, colluding with others, and fleeing were ruled out one by one; and he cited the criminal justice policies of minimizing arrests, prosecutions, and detentions to strengthen his argument.

The court's reasoning and the outcome of the case:On June 24, 2026, the Haidian Branch of the Beijing Municipal Public Security Bureau issued a decision on bail pending trial, concluding that C * might be sentenced to fixed-term imprisonment or a more severe punishment, but the adoption of bail pending trial would not lead to social dangerousness. According to Article 67 Paragraph 1 Item 2 of the Criminal Procedure Law, the court decided to grant him bail pending trial, and the defendant regained his freedom. This case shows that if the family hires a lawyer as soon as possible and submits written opinions during the golden period, there is indeed room for substantive defense.

This case is handled by Beijing Henglu Law Firm.Shang Jiang PengThe attorney (practice license number: 11101202310580738, subject to the document issued by the judicial administrative organ) acts as the agent.

III. Frequently Asked Questions

Q1: How long does it take for family members to receive a notification after a person is detained?

According to Article 85, the public security organ shall notify the family of the detained person within 24 hours after the detention, except in cases where it is impossible to notify them or where they are suspected of crimes endangering national security or terrorist activities that may hinder the investigation. The detention notice shall specify the suspected crime, the case-handling unit, and the detention facility. After receiving the notice, the family should keep it properly and use it to appoint a lawyer to meet with the detainee; if they do not receive the notice in time, they may inquire with the case-handling unit by providing proof of their family relationship.

Q2: Can family members visit the detention center on their own?

No. During the investigation stage, detainees are only allowed to meet with defense attorneys, and family members are not allowed to meet them until the verdict takes effect. According to Article 39, the attorney's meeting should be arranged within 48 hours and not be monitored. It allows the attorney to understand the case, convey the family's concerns, and advise the client to respond to interrogation according to the law. Instead of repeatedly visiting the detention center, it's better for the family to complete the entrustment procedures as soon as possible and let the attorney bring out the information about the case.

Q3: Under what circumstances can bail pending trial be granted?

According to Article 67: those who may be sentenced to control, detention, or have additional punishments applied independently; those who may be sentenced to fixed-term imprisonment or above but are granted bail and do not pose a danger to society; those who suffer from serious diseases, are unable to take care of themselves, are pregnant or are breastfeeding their own babies; and those whose detention period has expired but the case has not been concluded. In practice, factors such as being a first-time offender, confessing guilt and accepting punishment, having compensated for and reached a settlement with the victim, having a fixed residence, and having no criminal record are key supporting points in demonstrating the absence of social danger.

Q4: How much does it cost to hire a lawyer during the criminal detention stage?

Criminal lawyer fees are usually calculated on a piecemeal or hourly basis according to the stages of investigation, review and prosecution, and trial, and are affected by the charges and the difficulty of the case. Special note: According to Article 12 of the "Measures for the Management of Lawyer Service Fees" (implemented on December 1, 2006), risk-based fees are prohibited in criminal cases, and any promises of "no fee if no success" or "commission based on results" are not in compliance with the regulations. It is recommended to bring the detention notice for a face-to-face evaluation, and then sign a written contract to clarify the billing and authorizations.

Q5: What does "Golden 37 Days" mean?

After detention, the public security organ generally submits an application for approval of arrest within three days, which can be extended for one to four days. For those who commit crimes by roaming, repeatedly, or in groups, the extension period can be up to 30 days. The procuratorate shall make a decision on whether to approve the arrest within seven days, with a maximum period of about 37 days. This is the most critical window to strive for non-approval of arrest or bail: once the arrest is approved, it will be much more difficult to apply for a change of measure of detention through the review of the necessity of detention. Family members should entrust lawyers to submit written opinions as soon as possible during the window period.

IV. Advice on Protecting Your Rights

  • Upon receiving the detention notice, first record the suspected charges, the investigating unit, and the place of detention, and then contact a criminal lawyer on the same day.
  • We reject any tactics such as "relationship fees", "bribing officials", or "arranging bail", and we only defend our clients in accordance with the law.
  • After receiving the entrustment, we will arrange for the lawyer to meet with the client within 48 hours and seize the golden rescue period of 37 days to submit the opinion on bail application.
  • Cooperate with the lawyer to collect materials that demonstrate the defendant's lack of social dangerousness, such as proof of fixed residence, employment certificates, and medical records, and strive to obtain compensation and a letter of apology.
  • Through the case-handling authorities transferring daily necessities and money in accordance with the law, and maintaining the compliance of the channels, the case handling will not be affected.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Shang Jiangpeng·Beijing Henglu Law Firm