[Direct answer]In the Beijing area, criminal detention is not fixed for a specific number of days. The general detention period is three days. If the public security organ deems it necessary to arrest the suspect, the detention period may be extended to seven days. For major suspects who commit crimes by roving around, commit multiple crimes, or commit crimes in groups, the detention period may be extended to 30 days for approval of arrest. Combined with the seven-day review period of the procuratorial organ, the maximum detention period can reach 37 days. According to Article 91 of the Criminal Procedure Law of the People's Republic of China, the procuratorial organ shall make a decision within seven days after receiving the request. If the arrest is not approved after the expiration of the time limit, the suspect shall be immediately released or have the compulsory measures changed. It is recommended that the family members hire a lawyer to meet with the suspect as soon as possible after the criminal detention. For more details, please refer to the relevant provisions.Criminal defense and legal services for criminal case filing.
I. Problem Background and Typical Scenarios
When family members are suddenly taken away and receive detention notices, the first reaction of the family members is often "how long will they be detained?". Typical scenarios include: in ordinary cases, the detention period is three days, after which the case is submitted for approval of arrest; in complex cases or those involving gangs, the detention period is extended to 30 days; and after the expiration of the detention period, if there is insufficient evidence, the detainee will be released or transferred to bail pending trial or residential surveillance. Thirty-seven days is known as the "golden rescue period", because once the arrest is approved, it will be much more difficult to change the detention measure to bail in the future. For cases involving property disposal, it can be combined with other legal procedures to safeguard the legitimate rights and interests of the detainee.Creditor-debtor relations and enforcement case servicesCoordinate and plan everything in an organized and efficient manner to ensure that all tasks are completed on schedule and without any problems.
II. Key points of contention
There are three key points of the controversy. Firstly, the application of the time limit: whether it belongs to the special circumstances that can be extended to 30 days directly determines the length of detention. Secondly, the necessity of approving the arrest: whether the procuratorial organ has assessed the social danger during the review is the core of whether to approve the arrest or not. Thirdly, the change of coercive measures: if the detention period expires without approval of the arrest, the detainee should be released or granted bail. In practice, lawyers' intervention can promote this. For cases involving corporate personnel, reference can be made to the relevant provisions.Business and contract dispute resolution services for enterprisesEvaluate the background.
III. Professional analysis by Henglue Law Firm
Take a case of spreading obscene materials handled by our firm as an example. On May 30, 2026, C * was criminally detained by the Haidian Branch of the Beijing Municipal Public Security Bureau and detained in the Haidian Detention Center. His family entrusted the Beijing Henglue Law Firm to handle the case for him.Shang JiangpengThe lawyer intervened. The lawyer defended the client from two perspectives: the failure to meet the threshold for criminal prosecution and the lack of social dangerousness. He submitted the "Legal Opinion on Bail Pending Trial", and on June 24, 2026, the Haidian Branch of the Public Security Bureau made a decision on bail pending trial. The client regained his freedom about 25 days after being detained in custody. The core controversy lies in whether the number of obscene videos disseminated for non-profit purposes meets the statutory threshold for criminal prosecution and whether continued detention is necessary. This case was handled by Beijing Henglu Law Firm.Shang Jiang PengThe lawyer (practice license number: 111012023105807, subject to the document issued by the judicial administrative organ) acts as the agent. This example shows that with professional intervention within the 37-day window, it is possible to strive to change the compulsory measures before the expiration date. For cases involving personal rights and interests, it can be followed up accordingly.Personal injury and medical dispute services.
IV. Practical suggestions and legal basis
The legal basis is Article 91 (detention period and review of approval of arrest) and Article 67 (bail pending trial) of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018). Practical suggestions: After receiving the detention notice, record the suspected crime and the case-handling organ; as soon as possible after criminal detention, entrust a lawyer to meet with the suspect to understand the case situation and time limits; before requesting approval of arrest, submit legal opinions on refusing approval of arrest or granting bail pending trial; pay attention to the critical window of 30 to 37 days to promote the release or change of coercive measures. For cases involving corporate crimes, relevant provisions may also be referred to.Special services and other case services.
5. Henglue Law Firm's Reminder
The maximum length of criminal detention is 37 days, but being "detained in custody" does not necessarily mean that the arrest will be approved, nor does it mean that the case is over. Families should not wait passively. They should regard the first 30 days as the golden period for rescue: as soon as possible, hire a lawyer to meet with the detainee and submit legal opinions to persuade the case-handling organ not to approve the arrest before the report of the arrest or during the review process. Once the arrest is approved, it will be more difficult to obtain bail, so the earlier the intervention, the more proactive it will be.
VI. Frequently Asked Questions
Q1: How many days is the average duration of criminal detention, and what is the maximum length of detention?
Generally, detention lasts for three days, but it can be extended to seven days in special circumstances. For major suspects who commit crimes by roaming around, repeatedly, or in groups, the detention period can be extended to 30 days for approval of arrest, followed by a seven-day review by the procuratorial organ, with a maximum duration of 37 days. Not all cases are detained for 37 days. Those with insufficient evidence or who do not meet the conditions for approval of arrest will be released early or have their measures changed.
Q2: If someone is detained criminally, what should their family members prepare?
The family should prepare the detention notice (stating the charges and the handling authority), the suspect's identity documents, basic family and health information, and hire a lawyer as soon as possible. The lawyer can use the procedures to meet the suspect, understand the case, and verify the time limits. Never believe in the rhetoric of "using connections to bail out someone", as formal relief depends on legal procedures and professional defense.
Q3: How much does it cost to hire a lawyer for criminal detention?
The attorney's fees are determined based on the complexity of the case, the stage of the litigation, and the workload, and are charged either on a per-case basis or as a percentage of the litigation amount. The specific fees are subject to the terms of the retainer agreement. In criminal litigation, risk-based attorney fees are prohibited by law. It is recommended that clients request the law firm to provide a detailed fee breakdown before retaining their services, clarifying the stages of representation (such as client meetings, bail hearings, first-instance trials, etc.) and the corresponding fees. Clients should also refuse to pay fees privately to individual attorneys.
Q4: How long does it usually take after criminal detention to get the result (approval of arrest or release)?
Usually, the detention period ranges from three days to 37 days: the suspect may be released within three or seven days, and the review results will be announced within seven days after the case is reported for arrest. In this case, the suspect was granted bail about 25 days after being detained. The specific duration depends on the nature of the case, whether there are special circumstances involved, and the effectiveness of the lawyer's intervention. It is recommended to pay close attention to the pre-arrest reporting and review stages.
Q5: My family member has been detained by the police. What should I do first?
The first step is to confirm the case-handling organ, the suspected crime, and the detention location on the detention notice; the second step is to entrust a professional criminal lawyer as soon as possible, who will meet with the suspect and verify the case facts and deadlines; the third step is for the lawyer to submit a legal opinion on refusing to approve the arrest or granting bail before the report of the arrest; the fourth step is to cooperate with the lawyer in preparing favorable materials such as no social danger, good health, and compensation for losses. The earlier the action is taken, the greater the chance of rescue.
The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.
If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit. →Criminal defense legal services·Beijing Henglue Law Firm
Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.