[Direct answer]According to Article 85 of the Criminal Procedure Law of the People's Republic of China, when the public security organ detains a person, it must present a detention certificate. After detention, the detained person shall be immediately sent to a 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 detained person is suspected of crimes endangering national security or terrorist activities, and notifying the family may hinder the investigation, the public security organ shall notify the family of the detained person within 24 hours after the detention. After the circumstances that hinder the investigation disappear, the public security organ shall immediately notify the family. The duration of a summons or a compulsory appearance for interrogation shall generally not exceed 12 hours. After confirming the place of custody, the family shall promptly entrust a lawyer to meet with the detained person and pay attention to the procedural nodes of applying for approval of arrest after detention. The first few days after the detained person is taken away are the golden window for defense intervention. In case of emergencies, please refer to the relevant provisions.Special services and other case servicesAndCriminal defense and criminal case filing services.

I. Problem Background and Typical Scenarios

When family members suddenly go missing—unanswered phone calls, unread WeChat messages—and it takes multiple rounds of inquiries to learn that they've been taken away by the police, this is the most panic-inducing moment for relatives. At this time, common questions include: where the person is being detained, when they will receive an official notice, why there's still no news after more than 24 hours, whether family members can visit the detention center, when a lawyer can intervene, and whether they should wait for the person to be "released" before taking action. Information asymmetry combined with panic often leads family members to make wrong decisions: they might wait passively and miss crucial intervention opportunities, fall prey to scams promising to "bail out" their loved ones, or panic-strickenly dispose of the belongings and documents left by the detainee. Understanding the notification rules and procedural timelines is the first step for family members to respond rationally.

II. Key points of contention

  • Exceptions to the notification time limit: In the case of suspected crimes endangering national security or terrorist activities, where notification might hinder the investigation, it may be temporarily not notified. The family members need to confirm the situation through other channels such as the case-handling unit and the detention center. After the obstacles are removed, the case-handling organ shall immediately notify them.
  • The distinction between summoning and detention: Summoning and detention for questioning generally last no more than twelve hours, and for particularly serious and complex cases requiring detention or arrest measures, it lasts no more than twenty-four hours; if the person in question fails to return after the above-mentioned time limit and is detained, the detention and other coercive measures will usually be implemented, and the obligation to notify the family will be initiated accordingly.
  • Guarantee of lawyers' right to meet with clients: During the investigation stage, defense lawyers can request to meet with detained suspects with legal documents and procedures, and the detention center shall arrange it in a timely manner. For three types of special cases, meeting with suspects during the investigation period requires the permission of the investigative organ. If the meeting is not arranged, lawyers can file appeals and complaints according to law.

III. Professional analysis by Henglue Law Firm

The action checklist for family members can be divided into three steps. The first step is to confirm the facts: verify with the case-handling unit the reason for the detention and the detention facility. For those who have received the "Detention Notice", check the suspected crime, the detention location, and the signing date. If they have not received the notice within 24 hours, they can inquire with the case-handling unit, the local police station, or the detention center with their ID documents and proof of kinship to confirm whether the person is being summoned for questioning or has been detained. The second step is to hire a lawyer as soon as possible: According to Article 34 of the Criminal Procedure Law of the People's Republic of China, if the suspect is in custody, their guardians or close relatives may appoint a defense attorney on their behalf. The lawyer can request a meeting with the suspect by presenting their practice certificate, law firm proof, and power of attorney. The first meeting should focus on understanding the interrogation process, the suspected crime, the suspect's physical condition, and their rights to legal representation. The lawyer should also convey family information to the suspect and help calm their emotions. The third step is to monitor key procedural deadlines: If the public security organ deems it necessary to arrest the detained person, it shall submit the case to the people's procuratorate for review and approval within three days after the detention. In special circumstances, the deadline may be extended by one to four days, and for major suspects who commit crimes in a gang, repeatedly, or in groups, the deadline may be extended to 30 days. The people's procuratorate shall make a decision on whether to approve or disapprove the arrest within seven days. During this stage, the lawyer can submit legal opinions opposing the arrest, argue against the social danger, and strive for bail or non-approval of the arrest, which directly affects the outcome of the case.

IV. Practical suggestions and legal basis

At the legal basis level: Article 85 of the Criminal Procedure Law of the People's Republic of China (amended in 2018) stipulates that the family members of a detained person shall be notified within 24 hours after the detention, with exceptions, and requires that the detained person be immediately sent to a detention center; Article 91 stipulates the time limit for requesting review and approval of arrest; Article 34 stipulates that a criminal suspect has the right to engage a defense attorney, and those in custody may be represented by a guardian or close relative; the law's provisions on summons and detention stipulate that the duration of summons and detention generally shall not exceed 12 hours, and in cases of particularly serious and complex crimes requiring detention or arrest measures, it shall not exceed 24 hours. At the practical advice level: properly preserve the detention notice and make copies for filing; only communicate with the case-handling organ and lawyers about the case, and do not easily believe in the promise of "bribing to get someone released", to prevent being deceived again; when the family members are emotionally unstable, let lawyers serve as the communication channel with the case-handling organ; organize the client's identity documents and past medical history materials to prepare for lawyers' meetings and bail applications.

5. Henglu Law Firm's Advice

In the first seven days after being taken away by the public security authorities, the initial direction of whether the suspect will be arrested or granted bail is usually determined. The golden steps are "confirmation, entrustment, and follow-up": confirm the detention location and the suspected crime, immediately entrust a lawyer to meet with the suspect, and follow up on the application for approval of arrest and submit legal opinions. The three most common mistakes that families are likely to make during this period are delaying and waiting, bribing officials privately, and handling the account books and items left by the suspect without authorization—the last one may involve the risk of interfering with the case investigation. The case procedures and defense arrangements can be handled throughCriminal defense and criminal case filing servicesFor more information, or viaSpecial services and other case servicesBook an appointment for an interview as soon as possible. The earlier you get involved, the more room for negotiation you will have.

Q1: It's been more than 24 hours, but I still haven't received a detention notice. Is that normal?

Judging according to the circumstances. In general, the public security organ shall notify the family of the detainee within 24 hours after the detention, and the notification usually includes the place of detention and the suspected crime; only when it is impossible to notify, or when the suspected crime involves endangering national security or terrorist activities and the notification may hinder the investigation, can the notification be temporarily not made. After the obstacles are removed, the notification shall be made immediately. If there is still no news after the exception circumstances, the detainee or his/her relatives may inquire with the case-handling unit, the local police station or the detention house with their ID cards and proof of kinship. It should also be noted that if the detainee is in the state of being summoned for questioning after being taken away but has not yet been detained, the obligation to notify within 24 hours has not yet started. At this time, the detainee or his/her relatives should prepare the entrustment procedures at the same time and not be overly panicked.

Q2: Can family members visit the detention center or deliver items to the detainees?

During the investigation stage, family members are generally not allowed to meet the detained criminal suspects, and only defense lawyers can do so. For three types of special cases, lawyers need to obtain the permission of the investigative organ to meet with the suspects during the investigation. Family members can deposit living expenses within the limit as stipulated by the detention center, and send or transfer clothes that meet the requirements. For specific requirements, they can first consult the detention center where the detainee is held by phone. It is strictly prohibited to deliver items or letters through non-official channels or to entrust "intermediaries" to pass on messages, as this may violate the management regulations of the detention center and be easily exploited by criminals to commit fraud. To understand the detainee's situation and the progress of the case, the most reliable way is to entrust a defense lawyer to meet with the detainee as soon as possible and maintain communication with them.

Q3: Is it guaranteed that you can get bail if you hire a lawyer?

Not necessarily. The statutory conditions for bail pending trial include the possibility of being sentenced to control or detention, the possibility of being sentenced to fixed-term imprisonment or a heavier punishment but not causing social danger if bail is granted, and being suffering from serious diseases, being pregnant or breastfeeding their own infants, etc. Whether to approve it or not shall be decided by the case-handling organ after review, and no one can guarantee the outcome. The value of a lawyer lies in: understanding the case situation and interrogation through meetings, assessing whether the conditions are met; collecting evidence materials favorable to the client; applying for bail on behalf of the client and attaching detailed legal opinions; and submitting opinions against arrest to the People's Procuratorate at the stage of requesting approval of arrest. In practice, the seven days or so before approval of arrest is an important window to strive for non-detention, and it is necessary to take the initiative to seize the opportunity.

Q4: What's the difference between detention and arrest? Which is more serious?

Detention is a temporary custody measure taken by public security organs against perpetrators or major suspects. The detention period is relatively short: the time limit for requesting approval for arrest is generally three days, and in special circumstances, it can be extended from one day to four days. For major suspects who commit crimes in a mobile manner, repeatedly, or in gangs, the detention period can be extended to 30 days. Adding the seven-day review period by the procuratorate, the maximum detention period is about 37 days. Arrest is a longer-term custody measure implemented against suspects after approval by the people's procuratorate, usually spanning the investigation, review and prosecution, and trial stages. Arrest indicates that the procuratorial organ has preliminarily recognized the evidence conditions and the necessity of custody, and the seriousness of the case is higher. Lawyers should strive to prevent the approval of arrest during the detention stage and continue to advance the defense after approval. The involvement in both stages is indispensable.

Q5: What are the most common mistakes that family members should avoid making?

There are five most common mistakes: First, delaying and waiting to see what happens, thinking that the detainee will be released in a few days, thus missing the golden defense period before the approval of arrest; Second, trusting "connections to bail out people" and paying high fees to those who claim to have connections, resulting in secondary losses; Third, transferring or destroying the items, account books and documents retained by the parties without authorization, which may be regarded as interfering with the case investigation or even obstructing the testimony; Fourth, inquiring about the case everywhere and spreading it among relatives and friends, which may not only misinform others but also cross the red line of leaking case information; Fifth, contacting co-defendants to verify their statements or inducing them to recant their confessions, which is extremely risky. The correct approach is to calmly check legal documents, immediately hire a lawyer, cooperate with the procedures according to the lawyer's advice, and properly keep all documents and vouchers.

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. →Specialised services - legal services·Beijing Henglu Law Firm