[Direct answer]Criminal detention is a compulsory measure in criminal litigation. According to Article 82 of the Criminal Procedure Law, it is applied to offenders in the act or major suspects. The detained persons are confined in detention centers, and the maximum detention period is 30 days plus 7 days for review and arrest, totaling 37 days. After that, they may be arrested and enter the criminal prosecution process. Administrative detention is a punishment for public security management, implemented in detention centers according to the Public Security Administration Punishment Law. The maximum detention period for a single offense is 15 days, and the maximum combined detention period is 20 days. After the expiration of the detention period, the detainees will be released and are not considered criminals. The two have different legal nature, legal basis, time limits, venues, and consequences. The method of distinguishing them is to check whether the detention document is a "Detention Notice" or an "Administrative Punishment Decision" and the issuing authority of the document. If a family member is detained criminally, they should hire a lawyer as soon as possible to strive for bail. For more details, please refer to the following link:Criminal defense legal servicesAndBeijing Henglu Law Firm.

I. Legal basis and interpretation of provisions

1. Article 82 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018)

The public security organ may detain a person who is committing a crime or a major suspect in the act of committing a crime, or who is immediately discovered after committing a crime, if there are statutory circumstances such as preparing to commit a crime, committing a crime, or being immediately discovered after committing a crime; after detention, the person shall be immediately detained in a detention center, and the detention period shall not exceed 24 hours. Except in cases where it is impossible to notify the family, the family shall be notified within 24 hours. The function of criminal detention is to ensure the smooth progress of the investigation, and it is not a punishment result in itself. Whether the detained person constitutes a crime must be determined through investigation, review and prosecution, and trial. This is precisely the value of criminal defense lawyers' intervention in the detention stage.

2. Article 92 of the Public Security Administration Punishment Law of the People's Republic of China (effective March 1, 2006)

Administrative detention is one of the types of public security administrative punishments, decided by public security organs and executed in detention centers. The maximum length of a single detention shall not exceed 15 days, and the maximum length of combined detention for multiple violations shall not exceed 20 days. Administrative detention targets public security violations that do not warrant criminal punishment. It is an administrative punishment rather than a criminal coercive measure. The detainee will be released upon completion of the detention period, and no criminal record will be formed. However, the punishment record objectively exists and may be verified in certain political review scenarios.

3. Practical judicial interpretation (differences in procedures and consequences)

In practice, the handling procedures for the two are completely different: administrative detention is a final punishment, and the party concerned can apply for administrative reconsideration or initiate administrative litigation within the statutory time limit; criminal detention enters the criminal procedure, and what the party concerned needs most is a lawyer's meeting, applying for bail pending trial, and defending at the review and arrest stage. In terms of consequences, after criminal detention, if the court convicts the defendant, a criminal record will be formed, which will have a profound impact on employment and the political review of the defendant's children; administrative detention does not constitute a criminal record, but if the same act is subsequently determined to constitute a crime, the nature of the act will change. When obtaining the document, first determine the nature and then decide on the countermeasures. This is the first lesson for family members.

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

Review of the case:In May 2026, C* was criminally detained by the Haidian Branch of the Beijing Municipal Public Security Bureau for allegedly spreading obscene materials, and was detained in the Haidian Detention Center. The three posts had a total of about 5,000 views and about 1,000 downloads. C* did not profit from them and was a first-time offender. After appearing in court, he truthfully confessed and voluntarily pleaded guilty and accepted the punishment. His family was very anxious and entrusted Beijing Henglue Law Firm to handle the case for him.Shang Jiang PengThe lawyer got involved at a critical stage of the investigation, which is the golden period for gathering evidence.

The focus of the controversy:First, whether the non-profit dissemination of the three videos meets the statutory threshold for criminal prosecution; Second, whether the circumstances of voluntary surrender and pleading guilty and accepting punishment can support a lenient sentence; Third, whether it is necessary to continue detaining the suspect.

Our position and that of the other party are as follows:The family members hope to change the coercive measures and be released as soon as possible; the investigative organ detained them on suspicion of spreading obscene materials, focusing on the number of videos, the number of views and downloads, and the social impact.

Attorney's Strategy and Legal Opinions:After the meeting, Attorney Shang Jiangpeng submitted the "Legal Opinion on Bail Pending Trial" to the Haidian Branch of the Beijing Municipal Public Security Bureau, which included four arguments: Firstly, according to the judicial interpretation, non-profit dissemination of obscene videos requires more than 40 videos to be convicted and punished. In this case, there were only three videos, far below the threshold. The number of views and downloads cannot replace the quantity requirement. Secondly, after being summoned to the court, the defendant truthfully confessed his crime, which constitutes a voluntary surrender. Combined with his admission of guilt and acceptance of the punishment, he can be given a lenient punishment according to law. Thirdly, the social danger was excluded item by item. There was no possibility of collusion in evidence, destruction of evidence, or escape. Fourthly, citing the criminal justice policies of "sparing arrests, prosecutions, and detentions", it was argued that there was no necessity for continued detention.

The court's reasoning and the outcome of the case:On June 24, 2026, the Haidian Branch determined that C * might be sentenced to fixed-term imprisonment or a more severe punishment, but the bail would not pose a danger to society. According to Article 67 Paragraph 1 Item 2 of the Criminal Procedure Law, the court decided to grant bail pending trial, and the defendant regained his freedom. This case shows the substantial impact of professional defense during the criminal detention stage on the procedural direction - if it were administrative detention, there would be no such defense space at all. This is the practical significance of distinguishing between the two types of detention.

This case is handled by Beijing Henglu Law Firm.Shang JiangpengAttorney (Practice Certificate No.: 11101202310580738, subject to the certificate issued by the judicial administrative organ) acting as an agent.

III. Frequently Asked Questions

Q1: What happens within 37 days after being detained in criminal custody?

After the public security organ detains a suspect and deems it necessary to arrest them, it shall submit the case to the procuratorate for review and approval within three days. Under special circumstances, the time limit may be extended by one to four days; major suspects who commit crimes on the run, repeatedly commit crimes, or commit crimes in gangs may be detained for up to 30 days. The procuratorate shall make a decision on whether to approve the arrest within seven days, with a total maximum period of 37 days. During this period, lawyers can submit bail applications and legal opinions against the decision not to approve the arrest, which directly affects the progress of the proceedings.

Q2: Is there always a criminal record after criminal detention?

Not necessarily. A criminal record refers to a court's record of a guilty verdict, and criminal detention is just a procedural coercive measure. If the case is withdrawn during the investigation stage, the procuratorate decides not to prosecute, or the court rules that the defendant is not guilty, none of these will result in a criminal record. However, once a person is convicted, a criminal record will be left, which will affect their employment and their children's political review. Precisely because the consequences are uncertain, it is particularly crucial to hire a lawyer as early as possible during the detention stage to strive for bail and favorable circumstances.

Q3: Will administrative detention affect the political review?

Administrative detention is a public security punishment and does not constitute a criminal record. Generally, it is not equivalent to a criminal record. However, the punishment record is kept by the public security organ and may be checked and evaluated during the political review for applying for certain positions such as military and police, civil servants, etc. The impact varies depending on the requirements of the position. If the party concerned is not satisfied with the punishment, he/she may apply for administrative reconsideration or initiate administrative litigation within the statutory time limit to seek its revocation or modification.

Q4: How can I tell from the documents which type of detention my family member is subject to?

There are three key points to note: the nature of the document. For criminal detention, a detention notice will be served; for administrative detention, an administrative punishment decision will be issued; the place of execution. Criminal detainees are held in detention centers, while administrative detainees are confined in detention houses; the issuing authority. Both are made by public security organs, but the legal basis is different: criminal detention is based on criminal litigation procedures, while administrative detention is based on public security management punishment procedures. If the information in the document is incomplete, you can entrust a lawyer to verify it with the case-handling unit.

Q5: What should I do first after my family member is detained?

First, confirm the nature of the detention and the place of custody based on the legal documents. For criminal detention, immediately hire a lawyer to meet with the detainee and assess the possibility of bail, making the most of the 37-day golden period; for administrative detention, verify the facts of the punishment and the applicable laws, and apply for administrative review or initiate administrative litigation in accordance with the law. For both types of detention, we should be vigilant against the scam of "bribing to get someone released", and the only legal remedies are lawyer's defense and statutory review and litigation channels.

IV. Suggestions for Protecting Your Rights

  • First, identify the nature of the detention document: for criminal detention, refer to the documents related to criminal litigation procedures; for administrative detention, refer to the administrative punishment decision documents.
  • Seize the golden period of 37 days for criminal detention, and entrust a lawyer to meet with the detainee and apply for bail pending trial as soon as possible.
  • For administrative detention, you can apply for administrative reconsideration or initiate administrative litigation in accordance with the law. Do not accept the improper punishment without objection.
  • Both types of detention reject the practice of "bribing officials to secure release", and the only legal remedies available are lawyer's defense and appeal litigation.

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·Beijing Henglu Law Firm