[Direct answer]In the Beijing area, after a relative is detained criminally, the family should do five things: First, as soon as possible, hire a professional lawyer to meet with the detainee and understand the suspected crime, the detention facility, and the case details; Second, verify the detention location and the suspected crime with the case-handling authority or the detention center; Third, prepare change of clothes, living expenses, and identity documents, and deposit and deliver them according to the detention center's regulations; Fourth, absolutely do not destroy or falsify evidence or organize collusion to provide false testimony, otherwise it may constitute a new crime; Fifth, preserve the detention process, phone calls, and delivery records, and pay attention to the detention notice and detention period. 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, the public security organ shall notify the family within 24 hours after the detention. For more details, please refer to the relevant provisions.Criminal defense and criminal case filing legal services.

I. Problem Background and Typical Scenarios

When family members suddenly receive notice that their loved ones have been taken away, they are often at a loss. Typical scenarios include: being summoned late at night and losing contact with the detainee, with family members unaware of the detention location; receiving a detention notice but not understanding the severity of the alleged crime; believing in the myth that connections can help bail out someone, thereby delaying the critical rescue period; destroying account books and phone records out of distress, thereby crossing the red line of aiding in the destruction of evidence; mistakenly believing they can visit directly, leading to frequent futile visits to the detention center. During the criminal detention phase, information is limited and time is pressing. The first response of family members directly affects the subsequent defense space, so it is crucial to act rationally and in accordance with the law.

II. Key points of contention

  • Notification obligation: Except for statutory exceptions, the public security organ shall notify the family within 24 hours after the detention. If no notification is made, there must be statutory reasons for it, and the family may inquire according to law.
  • Information boundaries: During the investigation stage, the case details are considered confidential and should not be disclosed to the public. If family members want to inquire about the case through unofficial channels, they may be suspected of violating the law. The only official way to obtain information is to hire a lawyer.
  • Behavioral red lines: Destroying or fabricating evidence, or colluding with others to give false testimony not only fails to help loved ones, but also exposes family members to criminal risks, and must be avoided at all costs.

III. Professional analysis by Henglue Lawyers

Based on the practical observations of handling criminal cases, there are three pitfalls that families are most likely to fall into in the early stage of criminal detention: First, they panic and believe that so-called connections can help release the detainee, thus delaying the best opportunity to hire a lawyer; Second, they destroy or transfer relevant account books and mobile phones on their own, which may constitute aiding in the destruction of evidence; Third, they repeatedly go to the case-handling unit to make a fuss and exert pressure, which affects the communication atmosphere. The professional approach is for lawyers to meet with clients during the investigation stage, verify the circumstances of the case and the involved facts, communicate with the case-handling authority in a constructive manner, determine whether the conditions for bail are met, and prepare the necessary materials. Rational families should focus on hiring professional lawyers, preserving evidence clues, and maintaining the normal operation of the family, rather than seeking extrajudicial solutions.

For cases involving personal injury, family members can also obtain information about the case at the same time.Legal services for personal injury and medical disputesThis is to reserve an interface for subsequent civil compensation; if the property is sealed up and frozen, it can be referred to for reference.Creditor-debtor relations and enforcement case servicesEvaluate and dispose of it.

IV. Practical suggestions and legal basis

At the legal basis level: Article 85 of the Criminal Procedure Law (amended in 2018) stipulates that after detention, except for the circumstances where it is impossible to notify the family or where the suspect is suspected of crimes endangering national security or terrorist activities, which may hinder the investigation, the family should be notified within 24 hours; Articles 33 and 34 stipulate that the suspect has the right to appoint a defense attorney, and during the investigation stage, only lawyers can be appointed; Article 38 stipulates that defense lawyers can access the case file materials from the date of review and prosecution. Practical advice: After receiving the detention notice, first confirm the detention location and the case-handling unit; immediately appoint a lawyer to meet with the detainee rather than visit him/her on your own; properly keep the detention notice, summons and service receipts; do not delete chat records or transfer property; record the timeline of when relatives were taken away and the informants, so as to preserve clues for subsequent defense, and also understand the situation.Special services and other case services.

5. Henglu Law Firm's Reminder

During the criminal detention stage, there are two things to avoid at all costs: first, acting impulsively and trusting connections or promises of bribes, thereby missing the golden period for lawyers' intervention; second, destroying evidence or colluding with others to provide false testimony out of concern for family members, putting the entire family at greater risk. The correct approach is to stay calm, hire a lawyer as soon as possible, send legal documents in accordance with regulations, and preserve the timeline and documents in their entirety. Professional lawyers can maximally protect the rights of clients within the legal framework, and the cooperation and rationality of family members are an important foundation for the defense.

VI. Frequently Asked Questions

Q1: When can family members meet their relatives who have been detained by the police for criminal prosecution?

During the investigation stage, family members generally cannot directly meet the suspect, and only defense attorneys can meet them in accordance with the law. According to Article 34 of the Criminal Procedure Law, from the date of the suspect's first interrogation or the adoption of coercive measures, the suspect has the right to appoint a defense attorney. Lawyers can meet detained suspects with their practicing certificates, law firm certificates, and power of attorney, and the meetings will not be monitored. Therefore, if family members want to understand the true circumstances of the case and convey their concerns, they should hire a lawyer to meet the suspect as soon as possible rather than going to the detention center to request a meeting on their own. Lawyer's meetings can also verify the suspected charges, inform the suspect of their rights, and evaluate the possibility of bail.

Q2: Can family members visit the detention center to deliver money and supplies to the detainee during the period of criminal detention?

Yes, but it must be done in accordance with the regulations of the detention center. Relatives can usually deposit living expenses for detainees with their identity certificates, and send them such permitted daily necessities as clothes for changing, glasses, etc. The specific types and procedures are subject to the announcements of the detention facilities. Cash is generally not accepted directly, but managed through accounts. Food, alcohol, and communication tools are usually prohibited. Before sending items, please confirm the detention location and receiving time by phone to avoid a wasted trip. Do not bring items that may involve the case or pose the risk of collusion, otherwise they may be refused or even lead to legal consequences.

Q3: If the family member hires a lawyer on their own, but the suspect does not agree, what should they do?

Suspects and defendants have the right to decide whether to hire a defense attorney on their own, but family members are usually not prohibited from arranging for lawyers to meet with them during the investigation stage, which is conducive to protecting their rights. If the suspect explicitly refuses, the lawyer can first meet with them to inform them of their rights and risks, and respect their final choice. In practice, most detainees will accept help after learning that their family members have hired a lawyer. It should be noted that the right to defense is essentially the right of the parties involved. Family members can facilitate this process but should not substitute for their will. If the suspect insists on refusing and the case is significant, family members can keep the materials of the attorney's appointment and formally intervene when the suspect changes their mind or during the trial stage.

Q4: Is it legal for the public security organ not to inform the family of the detention location?

Generally, the family of a detained person should be notified within 24 hours after the detention, but there are statutory exceptions. According to Article 85 of the Criminal Procedure Law, if it is impossible to notify the family, or if the notification may hinder the investigation of crimes involving endangering national security or terrorist activities, the notification may be temporarily postponed. After the circumstances that hinder the investigation disappear, the notification shall be made immediately. In addition, if the family is not notified, they have the right to inquire about the place of detention and the suspected crime from the case-handling organ or the detention center in accordance with the law, and they can also obtain information through a lawyer in accordance with the law. If there is no notification for a long time and it does not belong to an exceptional situation, the family can report the matter to the superior organ or the stationed procuratorial department, but they should go through formal channels to avoid interfering with the case-handling.

Q5: What is the maximum number of days a person can be held in criminal detention before being released or transferred to prosecution?

The general detention period is three days, which can be extended to one to four days in special circumstances. For major suspects who commit crimes by roaming around, repeatedly, or in gangs, the detention period can be extended to 30 days; plus the seven days for the procuratorate to review and approve the arrest, the maximum detention period for ordinary cases is about 10 to 14 days, and the maximum detention period for the above-mentioned major suspects can reach 37 days. Before the expiration of the time limit, the suspect will either be released, have the coercive measures changed, or be submitted for and approved for arrest. Families should use this time frame to promote the involvement of lawyers: strive not to be submitted for arrest during the detention period, strive not to be approved for arrest within seven days after the submission, and those who are still not released after 37 days will usually be transferred to the next stage of defense.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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 limit.Criminal defense legal services·Beijing Henglue Law Firm