[Direct answer]In the Beijing area, if a person is detained in criminal custody for more than 24 hours after being arrested and is not released, it is necessary to first distinguish whether the detention period has been legally extended or whether the detention itself is illegal. According to Article 85 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), after detention, the detainee shall be immediately sent to a detention center for custody, and the custody period shall not exceed 24 hours. The family of the detainee shall be notified within 24 hours. Article 86 stipulates that the public security organ shall interrogate the detainee within 24 hours after detention, and if it is found that the detention is not appropriate, the detainee shall be immediately released and issued a release certificate. The maximum duration of criminal detention can be extended to 37 days. Therefore, if the detainee is not released after more than 24 hours, it does not necessarily mean that it is illegal. The family of the detainee should promptly hire a lawyer to meet with the detainee and apply for a change of coercive measures.

1. Problem background and typical scenarios

The family members were suddenly taken away, and the most concerned question was "It's been 24 hours, but the person hasn't come back yet. Has something happened?" In practice, when the public security organ takes criminal detention against a suspect suspected of committing a crime, if the suspect is not released within 24 hours, it usually means that the case has been classified as a criminal case and is in the window period for applying for approval of arrest. There is also another situation: it belongs to administrative detention or summons, and the statutory time limit is different from that of criminal detention. It is necessary to first read the legal documents carefully. When handling similar cases in Beijing, the family members often receive the "Detention Notice" one or two days after the detention. The three pieces of information on the document, namely the suspected crime, the detention center, and the case-handling unit, are the most important.

II. Key points of contention

First, the types and duration of coercive measures. The duration of a summons or a compulsory appearance shall not exceed twelve hours, and for cases of particular significance or complexity requiring detention or arrest measures, it shall not exceed twenty-four hours; administrative detention according to Article 16 of the Public Security Administration Punishment Law of the People's Republic of China (adopted on August 28, 2005, and amended on October 26, 2012) generally shall not exceed fifteen days, and the maximum duration of combined enforcement shall not exceed twenty days; criminal detention has three levels: three days, extended to seven days, and extended to thirty days for major suspects. Second, whether the detention should continue. An arrest must meet the requirements of evidence, punishment, and social dangerousness simultaneously, and any one of them is indispensable. Third, procedural legality. Failure to send the detainee to the detention center within twenty-four hours, failure to notify the family within the prescribed time, and failure to interrogate the detainee on time all constitute procedural defects and can be used as entry points for defense. Fourth, whether the family can meet the detainee. During the investigation stage, only defense attorneys can meet the detainee, and family members cannot meet them directly.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once handled a case involving fraud during the criminal investigation stage: On July 15, 2025, the client Liu Gang (pseudonym) was detained by the public security organ on suspicion of fraud. At that time, his child, who was less than one year old, urgently needed care. The family immediately entrusted our lawyers to intervene after the detention, and the case was at the critical stage of review and approval of arrest at that time. The suspect hoped to return home to take care of the child as soon as possible and expressed a strong willingness to admit his guilt and repent. However, the investigating organ requested a review of the case on suspicion of fraud, focusing on the facts of the crime, evidence, and social danger. The lawyers visited the detention center several times to verify that the client had no criminal record and was a first-time offender. At the same time, they coordinated with the family to fully refund the illegal income and obtain a written apology from the victim. Subsequently, they submitted an application for refusal to approve the arrest based on seven dimensions: admitting guilt and repenting, confessing voluntarily, admitting guilt and accepting punishment, consistent good behavior, family guarantee, and the child's young age needing care, as well as non-violent crime. After reviewing and adopting the defense opinion, the procuratorial organ made a decision to refuse to approve the arrest according to law and changed the coercive measure to bail pending trial, allowing the client to regain his freedom. This case was handled by Beijing Henglue Law Firm.Yuan HangThe attorney (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

According to Article 67, Article 81, Article 85, Article 86, and Article 119 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), as well as Article 67 of the Criminal Law of the People's Republic of China (amended on December 29, 2023 and implemented on March 1, 2024), it is recommended to take the following steps: First, check the legal documents to determine whether it is administrative detention or criminal detention, the suspected crime, and the detention facility. Second, if you have not received a notice within the stipulated time after detention, you can inquire with the case-handling unit or the detention facility and request written notification. Third, promptly hire a lawyer to meet with you to verify the details of the case, the interrogation process, and your physical condition. Fourth, prepare materials based on the statutory conditions for bail, including a guarantor or bail, proof of fixed residence and employment, and materials for restitution and reconciliation. Fifth, if you believe the detention is unjustified, the lawyer can apply for a change in coercive measures on your behalf and request a review of the necessity of detention from the procuratorial organ. For more information on the statutory circumstances for bail and practical experience, please refer to the relevant legal documents.Criminal defense services.

5. Henglu Law Firm's Advice

24 hours is just the starting point, not the end. The maximum duration of criminal detention can be extended to 37 days, but the real golden window period is the time from detention to the procuratorate's decision to approve the arrest. At this time, the family can do three things: first, entrust a lawyer to meet with the detainee as soon as possible to fix down the process of appearing in court, the details of the interrogation, and whether there is a voluntary surrender; second, actively make restitution and seek the victim's understanding, and form written materials; third, prepare guarantors, bail, and proof of fixed residence to create conditions for bail pending trial. If the case-handling organ fails to notify according to law or detains the detainee beyond the legal time limit, the family can apply for supervision by the procuratorial organ at the same time. It should be reminded that the restitution and understanding should be completed through formal channels and keep the relevant proofs to avoid causing new disputes through private handling. For more information about the relevant team, please check it out.Our firm's criminal defense lawyersYou can also contact us directly via the pageBeijing Henglu Law FirmMake an appointment for communication.

VI. Frequently Asked Questions

Q1: If a person is detained for 24 hours and not released, does that mean they will be sentenced to prison?

Not necessarily. Detention is just a criminal coercive measure, not an admission of guilt. Whether to continue detention depends on whether it meets the conditions for arrest. Subsequently, the suspect may be released on bail, not prosecuted, or even acquitted of the charges.

Q2: What materials do family members need to prepare?

The detention notice, the proof of the detainee's identity and family relationships, the proof of employment and income, the materials of fixed residence, the transfer receipts and letters of understanding, as well as the guarantor's information or the bail deposit.

Q3: What are the approximate costs of attorney fees and bail fees?

The attorney's fees shall be charged in accordance with the investigation, review and prosecution, and the first-instance trial stages, and shall be subject to the terms of the power of attorney contract. The bail bond shall be determined by the case-handling organ in accordance with the law, and shall be refunded after the bail ends. The guarantor shall ensure that no fees are charged.

Q4: How long does it take to get bail pending trial approved?

It varies depending on the case. In practice, the outcome is usually determined several days after detention and before the end of the review and approval period for arrest. The statutory time limit for the People's Procuratorate to review and approve arrests is within seven days after receiving the application for approval of arrest.

Q5: What should I do first?

First, check the legal documents to confirm the charges and the place of detention, immediately hire a lawyer to meet with the client, and start preparing the materials for restitution, reconciliation, and guarantees.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm for specific cases.

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. →Criminal defense legal services·Attorney Yuan Hang·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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. In case of disputes, please consult a practicing lawyer in time.