[Direct answer]Criminal detention generally lasts for a maximum of 37 days. If the detainee is not released after the expiration of this period, it is usually because the procuratorate has approved the arrest or changed the coercive measures in accordance with the law; if neither the arrest has been approved nor the coercive measures have been changed in accordance with the law, the detainee is suspected of being detained beyond the statutory time limit. According to Article 99 of the Criminal Procedure Law, upon the expiration of the statutory time limit for coercive measures, the detainee shall be released, discharged, or have the coercive measures changed in accordance with the law. The parties concerned, their close relatives, and their attorneys have the right to request the discharge of the detainee. Family members should first verify the relevant documents and authorize lawyers to meet with the detainee, and then apply for bail or a review of the necessity of detention in accordance with the procedures to promote the implementation of remedies.

I. Problem Background and Typical Scenarios

After receiving the detention notice, what worries families most is not the charge itself, but the fact that "the person hasn't been released after 37 days". There are three typical scenarios: first, when the detention period expires and the procuratorate approves the arrest decision, but the detention continues without the document being delivered to the family in time, leading to a misunderstanding that the person won't be released; second, when the case is legally changed to measures such as residential surveillance, but the family is not informed; third, when the detention period is indeed exceeded, but the case-handling organ fails to release the person according to law. In addition, many families mistake the investigation and detention period after arrest (generally no more than two months, which can be extended according to law if the case is complex) as the "criminal detention period", resulting in the mistaken expectation that "the person will be released after the period expires", and thus fail to take action at the real point of relief. For business operators, detention also directly affects the survival of the enterprise and the livelihood of employees if their contract performance or business model is deemed to involve criminal offenses. Relevant operational compliance issues can be referred to for reference.Business and contract legal services for enterprisesThe need for relief is even more urgent.

II. Key points of contention

  • The nature of refusing to release a person after the expiration of the detention period: whether it is the procuratorate's approval of arrest, the change of coercive measures according to law, or the detention beyond the time limit, the remedial paths of the three are completely different, and confusion will lead to a loss of opportunity.
  • Who initiates the release procedure? The authority handling the case should release or modify the measures on its own initiative. However, in practice, it often requires the party concerned to submit a written application and repeatedly urge the authority to take action before the release can be implemented. Therefore, it is crucial to take the initiative to promote the process.
  • Accountability for excessive detention: If a person is detained illegally or beyond the statutory time limit, they may apply for state compensation after the case is legally concluded, but they must first establish the facts of the excessive detention and the evidence of their efforts to protect their rights.

III. Professional analysis by Henglue Lawyers

From a practical perspective, in the vast majority of cases, "detaining someone beyond the legal time limit" is not illegal detention, but rather a result of the procuratorate making a decision to approve the arrest or changing the coercive measures in accordance with the law before the seventh day, with the family failing to receive the relevant documents, leading to a miscarriage of justice. Verification is the first step: request the case-handling organ to provide the decision to approve the arrest, the arrest warrant, or the decision to change the coercive measures. You can also entrust a lawyer to meet with the client and inquire about the status of the coercive measures from the procuratorial organ. If, after verification, it is confirmed that the legal time limit has expired and neither the arrest has been approved nor the coercive measures have been changed in accordance with the law, you should immediately request written release or rescission, and at the same time report the matter to the complaints and appeals department of the same-level or higher procuratorial organ. The procuratorial organ will supervise and correct the over-detention. It should be noted that oral inquiries are almost devoid of procedural constraints. Submitting a written application and keeping the receipt not only serves as a means of supervision, but also provides evidence for future applications for state compensation. The value of a lawyer's involvement lies in: judging whether the procedural nodes are legal, submitting applications and legal opinions on behalf of the client, and striving to prevent the case from sliding into long-term detention during the window period for approving the arrest.

IV. Practical suggestions and legal basis

Main basis: Article 91 of the Criminal Procedure Law (amended on October 26, 2018) stipulates that the general time limit for applying for approval of detention after detention is three days, 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, commit multiple 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 detention within seven days, with a maximum total time limit of 37 days. Article 93 of the Criminal Procedure Law clearly stipulates that if the procuratorate does not approve the detention, the public security organ shall immediately release the suspect upon receiving the notification. Article 99 of the Criminal Procedure Law stipulates that when the statutory time limit for taking compulsory measures expires, the suspect shall be released, the bail pending trial, the residential surveillance, or the compulsory measures shall be changed according to law. The suspect, his legal representative, close relatives, or defense attorney have the right to request the release. Article 17 of the State Compensation Law (amended in 2012) stipulates that if the detention measures are taken in violation of the Criminal Procedure Law or exceed the statutory time limit, and the case is subsequently decided to be withdrawn, not prosecuted, or the defendant is acquitted of criminal responsibility, the victim has the right to obtain compensation. It is recommended to follow a four-step process: request and preserve all documents such as the detention notice; promptly entrust a lawyer to meet with the suspect; submit a written application for release and legal opinions; and, if necessary, report the application for supervision to the procuratorial organ. The procedural guidelines can be viewed hereCriminal defense legal servicesAndSpecialised legal services.

5. Henglue Law Firm's Reminder

If a person is not released after the expiration of the criminal detention period, the first step should always be to verify the status rather than inquiring around: request the case-handling organ to provide legal documents, entrust a lawyer to meet with the detainee, and clarify whether the detention has been approved or exceeded the legal limit before taking any action. All communication should be conducted in writing and retain relevant evidence to prepare for possible compensation procedures. Never believe in promises like "bribing to secure a person's release", as this is not only easy to be deceived but also may constitute an illegal act. If you need professional assistance, you can visit the following website:Beijing Henglu Law FirmUnderstand criminal defense services.

Q1: What is the maximum number of days a person can be held in criminal detention before they must be released?

Generally, after detention, the suspect will be brought before the court for approval of arrest within three days, and the time limit can be extended by one to four days. For major suspects who commit crimes on the run, repeatedly or in gangs, the time limit can be extended to 30 days. The procuratorate reviews and approves the arrest within seven days. Together, the three time limits total up to 37 days, which is the origin of the saying "Golden 37 Days". At the expiration of the time limit, the suspect will either be approved for arrest, released, or have the compulsory measures changed according to law. This is based on Articles 91 and 93 of the Criminal Procedure Law. If the suspect is neither approved for arrest nor released after the expiration of the time limit, he/she will be suspected of being detained beyond the legal time limit. The suspect and his/her near relatives may request the release of the compulsory measures according to Article 99 and entrust lawyers to urge the case-handling organs and procuratorial organs to take action simultaneously. It should be noted that the investigation and detention period after approval of arrest is calculated according to Article 156 of the Criminal Procedure Law, which generally does not exceed two months. The period can be extended according to law if the case is complex, and it should not be confused with the detention period.

Q2: If a person is detained in custody but not released after the expiration of the detention period, does it mean that they have been approved for arrest?

It's very likely. In practice, most cases of "not releasing detainees after the expiration of the detention period" occur because the procuratorate makes a decision to approve the arrest around the seventh day after detention, and the detention is extended, but the legal documents may not be delivered to the family members immediately, leading them to mistakenly believe that the case-handling organ violates regulations by not releasing the detainee. Verification methods: Request the approval of the arrest decision or the arrest warrant from the case-handling organ; entrust a lawyer to meet with the detainee and inquire with the procuratorial organ. After the approval of the arrest, the case enters the investigation and detention stage, which generally lasts no more than two months and can be extended according to law. Family members should be mentally prepared. However, if it is confirmed after verification that there is no approval of the arrest document or no change of measures according to law, they should immediately demand release and, if necessary, report the matter to the procuratorial organ stationed in the detention center or the department of complaints and appeals. Distinguishing between "approval of the arrest and continued detention" and "excessive detention" is a prerequisite for choosing the correct remedial path, as the corresponding documents, procedures, and rights protection actions are completely different.

Q3: How can family members request the release of a detained person after the expiration of the criminal detention period?

According to Article 99 of the Criminal Procedure Law, if the statutory time limit for compulsory measures expires, the case-handling organ shall release the suspect, lift the bail pending trial, terminate residential surveillance, or change the compulsory measures in accordance with the law; the suspect, his/her legal representative, close relatives, or defense attorneys have the right to request the lifting of the measures. Specific procedures: The family members or defense attorneys shall submit a written application for lifting the measures to the case-handling organ, stating the detention time, expiration date, and legal basis, and keep the submission certificate; at the same time, entrust lawyers to meet with the suspect, apply for bail pending trial, or request a review of the necessity of detention; if the case-handling organ fails to handle the application within the time limit, the complainant may report the matter to the complaint department of the people's procuratorate at the same level or higher, and the procuratorial organ shall supervise and correct the situation. It is essential not to just make phone calls to inquire—written records are of procedural significance and are also key evidence for claiming state compensation in the future.

Q4: Can I apply for state compensation for excessive detention?

It's possible, but there are prerequisites. According to Article 17 of the State Compensation Law (amended in 2012), if a citizen is detained in violation of the Criminal Procedure Law, or if the detention is lawful but exceeds the statutory time limit, and the case is subsequently dismissed, not prosecuted, or the defendant is acquitted and criminal liability is terminated, the victim has the right to apply for state compensation; if there is excessive detention after arrest and the case is subsequently dismissed, not prosecuted, or the defendant is acquitted, compensation can also be claimed. In other words, the fact that criminal liability is no longer pursued in the end is an important basis for claiming compensation. Before applying, the victim should fix the evidence: detention notice, objective proof of the expiration of the time limit, written request for release, and receipt vouchers, etc. The compensation for personal freedom is calculated based on the number of days of detention. If the case ultimately results in a conviction, it is usually difficult to obtain support for compensation for the excess period. The victim should first have a lawyer evaluate the case situation before making a decision.

Q5: What can lawyers do before and after the expiration of the criminal detention period?

During detention: Lawyers can meet with clients to verify the case facts and their physical condition, inquire with the case-handling authorities about the suspected charges and whether to apply for approval of arrest, and submit legal opinions against approval of arrest within seven days of the procuratorate's review of the approval of arrest. This is the best intervention point to avoid the situation of "not releasing the detainee after the expiration of the detention period". For those who are not released after the expiration of the detention period: Lawyers can verify the status of coercive measures on their behalf, apply for bail pending trial and review of the necessity of detention, submit applications for release, and apply to the procuratorial organs for supervision. After approval of arrest: Lawyers can continue to promote reviews of the necessity of detention and procedural defense. The earlier the intervention, the better it is to fix the favorable circumstances such as first-time offender, confession, plea bargain, and no social danger to the detainee before the approval of arrest. Family members should avoid "using connections to bribe officials" on their own, as this is not only easy to be cheated, but also may put the client in a more disadvantageous situation.

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 Henglue Law Firm