‘Arrest’ in PRC procedure usually means procuratorate-approved 逮捕 — the street seizure was often 刑事拘留 first.
English ‘arrest’ confuses two PRC steps. On-scene seizure and lock-up are commonly criminal detention. Formal arrest (逮捕) requires procuratorate approval based on evidence and necessity of custody. After approval, custody continues toward indictment unless release or bail/release-pending-trial is granted. Defense submissions before approval can matter. This page is the definition. Detention and release-pending-trial are related pages. Foreign-national overlays sit on their L4.
4 questions before you choose the route.
This page identifies the right question and evidence. It does not determine the legal outcome on a reader’s facts.
Are we still in detention review?
Before 逮捕.
StageWhat evidence packet is going up?
Counsel access.
FileIs custody ‘necessary’ still argued?
Bail path.
NecessityForeign passport?
Consular + foreign L4.
ForeignWorking rule: Map the regulated role before marketing or launch in China.
The signal ledger.
These facts move the question beyond a label and into a product, money-flow and control analysis.
Bring a compact evidence docket—not a pitch deck.
Give a compliance team or counsel the operating facts that reveal the perimeter.
Questions people ask before they build.
Short answers for orientation. The right result can change with the service model and current rules.
Can arrest be refused?
The procuratorate may not approve. That is a defense objective in the detention window.
Is this the same as release-pending-trial?
No. Release-pending-trial is a different compulsory measure.
Primary authorities
Reviewed sources support orientation, not a fact-specific assessment.