[Direct answer]After criminal detention, if the public security organ deems it necessary to arrest the suspect, it shall submit the case to the people's procuratorate for review and approval within three days after the detention; under special circumstances, the time limit may be extended by one to four days; for major suspects who commit crimes in a roving manner, repeatedly, or in gangs, the time limit for submitting the case for approval may be extended to 30 days. The people's procuratorate shall make a decision within seven days after receiving the document for approval of arrest. Therefore, under normal circumstances, the maximum time limit for submitting the case for approval after detention is 14 days, and the maximum time limit after the extension is 30 days. Adding seven days for the people's procuratorate, the maximum time limit for criminal detention to approval of arrest is 37 days. However, the suspect and his/her family do not need to wait for the approval of arrest. They can entrust a lawyer to meet with the suspect and submit legal opinions during the investigation stage to strive for not submitting the case for approval or obtaining bail pending trial. For more details, please refer to the following link:Criminal defense and legal services for criminal case filingAndBeijing Henglu Law Firm.

I. Problem Background and Typical Scenarios

When a relative is suddenly taken away and receives a detention notice, it's the first time many families face the criminal justice process. The most common questions from family members are "How long will it take to approve the arrest after criminal detention?", "Is it okay if the arrest is not approved?", and "What can be done during this period?". In practice, most cases are submitted for approval of arrest about 30 days after detention, and the procuratorate reviews them within seven days. This is known as the "Golden 37 Days". However, the time limit is just a framework. What really affects the freedom of the suspect is the investigating authority's determination of the facts of the crime and the social danger, as well as whether the defense lawyer can effectively intervene during this window period. Understanding the time limit itself is to grasp the best opportunity to secure bail and avoid being approved for arrest.

II. Key points of contention

The core disputes in the process from criminal detention to approval of arrest focus on three points: First, the application of the time limit for requesting approval of arrest. The standards for identifying fugitive, repeated, and gang-related crimes directly affect the legality of the 30-day extension; Second, the judgment of social danger. The Criminal Procedure Law explicitly lists the circumstances under which arrest should be carried out, but such elements as "possibly committing new crimes" and "posing real danger to national security" often lead to disputes due to weak evidence; Third, the trade-off between bail pending trial and approval of arrest. For crimes with relatively light circumstances, no social danger, or where bail can prevent social danger, approval of arrest may not be necessary according to law. These three points are the key areas that defense lawyers focus on during the review of arrest, and they also determine whether the client can regain freedom for a longer period of time.

III. Professional analysis by Henglue Law Firm

Henglue Lawyers have accumulated extensive experience in handling cases where detention is followed by efforts to prevent formal arrest and obtain bail pending trial. Taking a case of spreading obscene materials as an example: In May 2026, Party C was criminally detained by the public security organ on suspicion of spreading obscene materials after reposting three video files on a forum. The relevant videos were viewed approximately 5,000 times and downloaded about 1,000 times. Party C did not profit from the act and was a first-time offender. After the family retained a lawyer to intervene, the lawyer immediately met with Party C to verify the case facts and broke through from two main aspects: Firstly, the non-profit-making dissemination of obscene materials takes the number of video files as the core of conviction. According to the judicial interpretation, the conviction and punishment require more than 40 video files, but there were only three in this case, far below the threshold for conviction. Secondly, Party C, who appeared at the court after being summoned, truthfully confessed and constituted a voluntary surrender, and voluntarily admitted guilt and accepted punishment, with no social danger. Based on this, the lawyer submitted a legal opinion on bail pending trial, combined with the policies of minimizing arrests, prosecutions, and detention, and argued that there was no necessity for continued detention. Ultimately, the case-handling organ decided to grant Party C bail on June 24, 2026, and the party regained his freedom. This case can be used as a reference for similar cases. 恒略律师在办理拘留后争取不批捕、取保候审案件中积累了大量经验。以一起传播淫秽物品案为例：当事人C某于2026年5月因在论坛转载发布三个视频文件被公安机关以涉嫌传播淫秽物品罪刑事拘留，相关视频累计浏览约五千次、下载约一千次，C某未牟利且系初犯。家属委托律师介入后，律师第一时间会见核实案情，从两条主线突破：其一，非牟利传播淫秽物品以视频文件数量为定罪核心，司法解释规定需达四十个以上方定罪处罚，本案仅三个，远未达入罪门槛；其二，C某经传唤到案如实供述构成自首，且自愿认罪认罚，无社会危险性。律师据此提交取保候审法律意见书，结合少捕慎诉慎押政策论证继续羁押必要性为零，最终办案机关于2026年6月24日决定对其取保候审，当事人重获自由。该案办理可参考Criminal defense legal servicesThe team's similar experience.

IV. Practical suggestions and legal basis

In terms of legal basis, Article 85 of the Criminal Procedure Law (amended in 2018) regulates the notification of family members after detention; Article 91 stipulates the three-day period after detention for requesting approval for arrest, the extension of one to four days, and the extension to 30 days for suspects who frequently change their identities and form gangs; and the seven-day review and decision by the procuratorate; Article 67 lists the circumstances under which bail may be granted; Article 95 establishes the right of suspects and defendants, their legal representatives, close relatives, or defense attorneys to apply for the modification of coercive measures. Practical suggestions: After receiving the detention notice, family members should calmly keep the documents and record the time and place of detention; promptly hire a lawyer to meet with the suspect to seize the window for defense before the request for approval for arrest; focus on whether the facts of the crime are clear, whether they meet the threshold for criminal prosecution, and whether there is social dangerousness; decisively apply for bail and review the necessity of detention when meeting the conditions to avoid missing opportunities.

5. Henglu Law Firm's Advice

The time limit for criminal detention to formal arrest may seem fixed, but the outcome largely depends on the quality of preliminary defense. Families should avoid blindly trusting so-called connections in a panic and should hire a formal lawyer as soon as possible to meet with the detainee, verify the case facts, and submit legal opinions. For cases with unclear facts, cases that do not meet the threshold for criminal prosecution, or cases without obvious social danger, it is essential to strive for non-formal arrest or bail pending trial before applying for formal arrest. Even if formal arrest has already been granted, families should continue to monitor the necessity of detention and apply for changes when appropriate. Professional and timely intervention is the key to turning the "37-day period" into the detainee's freedom.

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

VI. Frequently Asked Questions

Q1: How long does it usually take to notify the family after criminal detention?

According to Article 85 of the Criminal Procedure Law of the People's Republic of China, after detention, except for cases where it is impossible to notify the family or where the suspect is suspected of crimes endangering national security or terrorist activities that may hinder the investigation, the detainee's family shall be notified within 24 hours after detention. After the circumstances that hinder the investigation disappear, the family shall be notified immediately. In practice, when the family receives the "Detention Notice", it usually includes the suspected crime, the place of detention, and the detention time, which is an important starting point for the family to understand the case and timely hire a lawyer. If the family does not receive the notice for a long time and it is not a statutory exception, they can report it to the case-handling organ or the procuratorial organ according to law, and if necessary, hire a lawyer to communicate and verify the detention situation and the progress of the case.

Q2: If the procuratorate doesn't approve the arrest, does that mean there's nothing wrong?

Not approving the arrest does not mean the case is over, but it often means that the defendant can change the coercive measures to bail pending trial and will not be detained in the short term. According to Article 90 of the Criminal Procedure Law, if the procuratorate does not approve the arrest, the public security organ shall immediately release the defendant or change the coercive measures; for those who need to continue the investigation and meet the conditions, bail pending trial or residential surveillance may be granted. Subsequently, the case may still be transferred for examination and prosecution or prosecuted, so "not approving the arrest" is a temporary victory rather than an acquittal. The defendant and his family should take advantage of the bail period to cooperate with the lawyer to sort out the evidence and strive for non-prosecution or light-penalty defense; if the evidence of the case is insufficient, there is also a great space to strive for the withdrawal of the case or non-prosecution. Do not be relaxed in dealing with the case just because you are temporarily released.

Q3: Is it really useful to hire a lawyer within 37 days after being detained for suspected criminal offenses?

It's very useful, and the earlier the better. During the 37 days from detention to approval of arrest, lawyers can legally meet with clients, understand the suspected charges and case facts, provide legal opinions to the case-handling authorities, and submit defense opinions for non-approval of arrest or bail pending trial during the review of arrest. Many clues to acquittal, lighter sentencing, and opportunities for bail are obtained through meetings and review of case files in the early stages of investigation. Lawyers can also help families determine the threshold for conviction, fix mitigating circumstances such as voluntary surrender and meritorious service, and avoid clients making unfavorable statements due to lack of understanding of the process. For clients who may be sentenced to relatively light penalties and pose no social danger, professional intervention at this stage often directly determines whether they will be approved for arrest or whether their compulsory measures can be changed early.

Q4: Can I apply for bail pending trial if I have already been approved for arrest?

Yes. After the arrest, one can still apply for a change of coercive measures in accordance with the law. According to Article 95 of the Criminal Procedure Law, after a criminal suspect is arrested, the People's Procuratorate shall still review the necessity of detention; if it is not necessary to continue detention, it shall propose to release the suspect or change the coercive measures. In practice, when there are changes in evidence, the reaching of an understanding, illness or pregnancy and lactation, or the crime is relatively minor with no social danger, etc., lawyers can file an application for a review of the necessity of detention to demonstrate that continued detention is unnecessary. In some cases, after the approval of arrest, if the suspect actively makes restitution, pleads guilty and accepts the punishment, or reaches an understanding with the victim, there is still a chance to change the measure of detention to bail pending trial. Therefore, the approval of arrest is not the end, and there is still room for subsequent defense. The key lies in submitting a well-founded application for a change of coercive measures in a timely manner.

Q5: If a family member is detained in criminal custody, what can the family do first?

After learning that their loved ones have been detained by the police, the first step for family members is to verify and properly keep the "Detention Notice", confirming the suspected crime, the detention location, and the detention date; the second step is to promptly hire a professional criminal defense lawyer, who will meet with the client according to the law, understand the true circumstances of the case, and inform them of their rights and obligations; the third step is to cooperate with the lawyer in collecting materials favorable to the client, such as evidence clues such as voluntary surrender, meritorious service, first-time offender, no profit-making, and family difficulties; the fourth step is to avoid improper behaviors such as soliciting bribes from case handlers and destroying or forging evidence, so as not to put themselves at risk. Maintaining smooth communication with the lawyer and proceeding with meetings, bail hearings, and the submission of legal opinions according to professional advice are the most pragmatic and effective ways to deal with the situation at this stage.

The above answer is based on the judicial practice in Beijing. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limit.Criminal defense legal services·Attorney Shang Jiangpeng·Beijing Henglue Law Firm