[Direct answer]No. During the period of criminal detention, family members are not allowed to enter the detention center to visit or meet the detainees. In the investigation stage, in principle, only defense lawyers can meet with them. According to Article 39 of the Criminal Procedure Law of the People's Republic of China (amended in 2018), if the defense lawyer requests a meeting with the detainee by presenting his/her practice certificate, the detention center's certificate and the power of attorney, the detention center shall arrange the meeting in a timely manner and no later than 48 hours. What family members can do is: confirm the detention place with the detention notice, deposit money and send supplies according to the detention center's regulations, and promptly entrust a lawyer to meet with the detainee and apply for bail pending trial. For more details, please refer to the following link:Criminal defense and legal services for criminal case filing.

I. Problem background and typical scenarios

Late at night, upon receiving the detention notice, many family members don't know where the detainee is being held or what crime they've committed. Their first instinct is to go to the detention center and demand to "see the detainee," only to be turned away, which often leaves them even more panicked. Typical misunderstandings during this stage include: believing "middlemen" who claim that paying money can secure the detainee's release, resulting in financial losses and missed opportunities; thinking that "waiting a few days will lead to release" without hiring a lawyer, thereby missing the critical first 37 days of the case; and frantically gathering information about the case without realizing that the investigation stage is inherently a closed-information period. The correct approach is actually very clear: first confirm the detention facility and the suspected crime; deposit money and send supplies to ensure basic living needs; then hire a lawyer to conduct a meeting to properly address three key issues: understanding the case, stabilizing emotions, and securing bail.

II. Key points of contention

  • The institutional design of the right to meet: In the investigation stage, in principle, only defense lawyers can meet with detainees, and family members cannot visit them. This is a system arrangement to prevent collusion in evidence and ensure the investigation, rather than to make things difficult for them. At the same time, the law sets a time limit of no more than 48 hours for lawyers' meetings, and the case-handling organs are not allowed to delay them without a good reason.
  • The risk of information asymmetry: Family members may not understand the charges, the circumstances of the case, or the progress of the coercive measures, and are easily misled by verbal tactics. Information about the progress of the case, sentencing references, and bail conditions, etc., all require meetings with lawyers and legal communication to obtain relatively accurate judgments.
  • Seizing the opportunity to apply for bail: The period from detention to the decision on whether to approve the arrest (commonly known as the "golden 37 days") is a crucial window for applying for bail pending trial and striving to avoid the approval of the arrest; once the arrest is approved, applying for a change in the coercive measures will require the review of the necessity of detention, which will obviously increase the difficulty.

III. Professional analysis by Henglue Law Firm

In a criminal case, the client was criminally detained by the public security organ, and his family immediately entrusted Henglue Lawyers. On the same day, the lawyer went to the detention center to meet with the client, verify the circumstances of the case, the process of appearing in court, and the attitude of admitting guilt and accepting punishment, and then submitted a legal opinion letter on bail to the case-handling organ. From the perspectives of whether the client's behavior meets the threshold for criminal punishment, the circumstances of surrendering and confessing, and the absence of social danger, the lawyer systematically argued his case. About a month later, the case-handling organ decided to grant the client bail, and he regained his freedom. The key lies in the family doing three things correctly - entrusting a lawyer as soon as possible, providing truthful information about the client's physical and family conditions, and cooperating in preparing the bail or guarantor materials; the lawyer's value lies in accurately identifying the breakthrough points of the case after the meeting, arguing that there is no social danger based on statutory conditions, rather than making vague promises about the outcome. After the family member is detained, it is equally important to maintain emotional stability and accurate information, and avoid seeking help from unqualified sources in a hurry.

IV. Practical suggestions and legal basis

Legal basis: Article 34 of the Criminal Procedure Law of the People's Republic of China (amended in 2018) stipulates that a criminal suspect has the right to appoint a defense attorney from the date of his/her first interrogation or the adoption of coercive measures by the investigating organ, and can only appoint a lawyer during the investigation period; Article 39 stipulates the defense lawyer's right to meet with the suspect and the time limit of 48 hours for arranging the meeting; Article 82 stipulates the circumstances in which the public security organ may detain a suspect in advance; Article 85 stipulates that the suspect shall be immediately detained in a detention center within 24 hours after detention, and the family members shall be notified within 24 hours after detention except under statutory circumstances; Article 67 stipulates the statutory conditions for bail pending trial; Article 91 stipulates that the public security organ shall apply for approval of arrest within three days after detention, and may extend the period by one to four days in special circumstances, and the major suspects who commit crimes in a roving manner, repeatedly commit crimes, or commit crimes in groups may be detained for up to 30 days. The procuratorate shall make a decision within seven days; Article 97 stipulates that the criminal suspect, his/her legal representative, close relatives, or defense attorney have the right to apply for a change in coercive measures, and the case-handling organ shall make a decision within three days. Practical advice: After receiving the detention notice, note down the name of the detention center and the suspected crime; appoint a lawyer as soon as possible to arrange a meeting; deposit money and send items according to the rules announced by the detention center; be vigilant against the promise of "bailing out the suspect"; organize materials such as medical records and proof of being a student or employee, and cooperate with the lawyer to prove the conditions for bail.

5. Henglue Law Firm's Reminder

Criminal detention does not constitute a conviction. In most cases, there is still a lot of room for defense at this stage. The most important thing that family members can do is to let professional lawyers meet with the detainee as soon as possible. The meeting not only conveys family affection, but also verifies whether the interrogation is legal, evaluates the charges and evidence, and strives for time to obtain bail and resist arrest; if the detainee has already been arrested, he or she can still apply for a review of the necessity of detention in accordance with the law. If you want to learn more about how family members should respond at various stages of criminal cases, you can refer to the following link for more information:Beijing Henglue Law FirmMake an appointment for an evaluation. This case is handled by Beijing Henglu Law FirmShang JiangpengAttorney (Practice Certificate No.: 111012023105807, subject to the certificate issued by the judicial administrative organ) acting on behalf of the client.

Q1: How long after criminal detention can family members find out where the detainee is being held?

According to Article 85, after the public security organ executes the detention, it shall immediately send the detainee to the detention center for custody, and the custody shall not exceed 24 hours; except in cases where it is impossible to notify the family or where the detainee is suspected of crimes endangering national security or terrorist activities that may hinder the investigation, the public security organ shall notify the detainee's family within 24 hours after the detention. The detention notice received by the family will specify the place of custody and the suspected crime, based on which the location of the detention center can be determined. Subsequently, the family can deposit money, send items, and entrust a lawyer to meet with the detainee.

Q2: During the investigation stage, family members are not allowed to meet the suspect. So what's the point of lawyers meeting with them?

It plays a very important role. According to Article 39, if the defense lawyer holds a practicing certificate, a certificate from the law firm, and a power of attorney and requests a meeting, the detention center shall arrange it in a timely manner, but no later than 48 hours. The lawyer's meeting can verify the case process and the interrogation situation, inform the suspect of their litigation rights and the constitution of the crime, convey the latest news from the family, stabilize their emotions, and, in accordance with Article 38, represent them in filing appeals and complaints, applying for changes in coercive measures, and laying a good foundation for bail pending trial and subsequent defense. Many family members first gain an accurate understanding of the case progress after the lawyer's first meeting with them.

Q3: How long does criminal detention usually last? Will I be detained indefinitely?

Detention is a short-term coercive measure and will not be held indefinitely. According to Article 91, if the public security organ deems it necessary to arrest the suspect, it shall generally submit the case to the procuratorate for review and approval within three days after detention, and may extend the period by one to four days in special circumstances; for major suspects who commit crimes in a mobile manner, repeatedly commit crimes, or commit crimes in gangs, the detention period may be extended to 30 days. The procuratorate shall make a decision on whether to approve or disapprove the arrest within seven days. The total maximum detention period plus the review and approval period is about 37 days, which is the origin of the "Golden 37 Days". During this period, it is a crucial window to strive for bail or disapproval of the arrest.

Q4: Can family members apply for bail pending trial?

Yes. According to Article 97, criminal suspects, defendants, their legal representatives, close relatives, or defense attorneys all have the right to apply for a change in coercive measures. After receiving the application, the case-handling organ shall make a decision within three days. In practice, lawyers often draft the application and argue based on the statutory conditions set forth in Article 67, such as those who may be sentenced to imprisonment or a heavier punishment but who do not pose a danger to society if granted bail, those who suffer from serious diseases and are unable to take care of themselves, and women who are pregnant or breastfeeding their own children, etc. Family members can simultaneously prepare the bail money, proof of fixed residence, and materials of the guarantors to cooperate with the application.

Q5: Can family members meet with the prisoner after the verdict takes effect?

Yes. After the detained person enters the stage of criminal punishment execution after the judgment takes effect, according to the visiting management regulations of prisons or detention centers, close relatives can visit them regularly according to the regulations. Generally, they need to hold identity certificates and be approved after registration. However, in the investigation, examination and prosecution, and trial stages, the detained person can only meet with defense lawyers in principle. Therefore, if the family wants to see their loved ones and understand the case as soon as possible, the practical approach is to entrust a lawyer to visit them as soon as possible, and convey their concern through the detention center by sending money and items. After the case enters the execution stage, they can meet them according to the arrangements.

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 Shang Jiangpeng·Beijing Henglu Law Firm