Direct answer: Family members and employers should verify the known status, preserve relevant records without alteration or unauthorized access, identify urgent language, medical or consular needs, and avoid relying on unofficial intermediaries. This page is a decision and response map, not a case determination and not legal advice.
Law status checked: 13 August 2026. Proposed amendments are not treated as current law. Status labels: IN FORCE · NEW / EFFECTIVE FROM [DATE] · UNDER REVIEW / PROPOSED
Direct answerLawful first response
Where are you now?Status decision tree
At a glanceTriage matrix
Scope / frameworkAuthority hierarchy
Which clock?Statutory timelines
Compulsory measuresStatutory matrix
Counsel routesAid · duty · consular
Practical workflowFamily · company
Unsafe assumptionsCommon mistakes
Action checklistHandoff pack
Related: Visa & immigration · Exit ban · Foreign-director risk hub · Data / PIPL.
Direct answer
Every major module on this page is meant to produce a decision, not a chapter summary:
- What do we know? — verified status, document, authority, location, language.
- Which fact changes the answer?
- Which authoritative rule governs that branch?
- What must go to qualified PRC counsel rather than this guide?
Limitation
Orientation only. This is not legal advice, not an attorney–client relationship, and not a substitute for case-specific analysis. It does not provide interrogation scripts, evidence-avoidance tactics, witness-contact strategy, or a raid-response playbook. Chinese official texts control.
Where are you now? — jump by role
I have only been contactedStatus tree
Summons or noticeDocument anatomy
Someone may be detainedMeasures + clocks
Arrest approved逮捕 path
Case with procuratorateReview decisions
Trial / judgment / appealCourt clocks
Company or directorCorporate desk
I am a family memberFamily journey
I am an employerComplexity matrix
Need a lawyer pathCounsel comparison
Diagram branches
- Signature module: identify procedural status first. Offence-type labels come later, if at all.
- Identify procedural status first: contact, detention, arrest, prosecution review, trial, or judgment. Not a case determination.
- Has an authority contacted the person?
- Cannot locate
- Verify last contact,
Procedural-status decision tree
Do not start with “Investigation → Prosecution → Trial → Appeal” as if every reader is on the same track. Start with what is actually known.
| Known node | What it usually means | What often identifies it | What may happen next | When counsel is especially important |
|---|---|---|---|---|
| Cannot locate the person | Status is unverified | Last contact, employer, facility rumour | Verify authority and facility; do not pay unofficial “finders” | Immediately — including anti-scam |
| Contact / questioning | Investigative contact; measure may or may not exist | Call, visit, written notice | Status can escalate to a compulsory measure | Before further interviews if possible |
| Summons / 拘传 | A compulsory appearance measure may apply | Written summons or 拘传 paperwork | Questioning; possible further measure | Before the appearance if timing allows |
| 取保候审 or 监视居住 | A non-detention compulsory measure (not common-law “bail”) | Decision / notice naming the measure | Conditions, duration, change or arrest path | Conditions, guarantor, and change applications |
| 刑事拘留 | Criminal detention by investigators | Detention notice; facility | Arrest-approval clock; release; other measure | Meetings, clock, family/consular coordination |
| 逮捕 approved / decided | Arrest as a custody measure — a new stage | Arrest decision / notice | Investigation custody period; later transfer | Custody period, evidence access when available |
| Prosecution review | Procuratorate reviews whether to prosecute | Transfer / acceptance information | Indictment, return, non-prosecution, or other decision | Opinion submissions and file review |
| Court accepted | First-instance proceedings | Court notice | Hearing procedure; interpreter; judgment | Procedure type, language, applications |
| Judgment issued | Appeal / enforcement / parallel immigration clocks may start | Written judgment / ruling | Appeal window; immigration consequences | Appeal deadline is short — escalate immediately |
What changes the answer?
Exact stage, whether the person is in custody, case nature (including special restrictions), whether a defender is already appointed, legal-aid or duty-lawyer status, and nationality/language can each change access mechanics. See the counsel matrix.
At a glance — triage matrix
Legal orientation without pretending to determine the reader’s case.
| Known situation | Main legal question | Usually relevant authority | Immediate information to establish | On this page |
|---|---|---|---|---|
| Authority contact / questioning | What is the person’s procedural status? | CPL + implementing rules | Authority, document, location, language needs | Status tree |
| Criminal detention | What compulsory measure applies and what follows? | CPL | Date/time, facility, counsel | Measures · Clocks |
| Arrest | Has arrest been approved/decided and what stage follows? | CPL | Date, authority, custody | Measures |
| Prosecution review | What decisions can the procuratorate make? | CPL / procuratorial rules | Transfer date, counsel, known status | Clocks |
| Trial | What court procedure applies? | CPL + SPC interpretation | Court, procedure, counsel, interpreter | Foreign overlay |
| Foreign national | What additional foreign-related rules apply? | CPL / SPC interpretation / treaty where applicable | Nationality, language, consular issue | Overlay |
| Company matter | Are individual and company interests aligned? | Criminal + corporate / data rules | Authority, employees/directors, records | Corporate desk |
Scope / legal framework
Diagram branches
- Hierarchy from national law through judicial interpretations, rules, guidance, cases, and commentary.
- National law — CPL · Criminal Law · Legal Aid Law
- Tier A — controlling for rights, powers, periods, eligibility
- Judicial interpretations — SPC / SPC+SPP
Source card — Right to appoint a defender
| Rule | Criminal suspects and defendants may appoint defenders; public-security organs, procuratorates and courts shall inform them of that right at the relevant stage. |
|---|---|
| Authority | Criminal Procedure Law of the PRC (CPL) |
| Provision | Arts. 34–39 area (2018 amendment numbering — confirm current Chinese text) |
| Instrument status | IN FORCE (2018 CPL amendment text as commonly applied; not a proposed draft) |
| Issuing authority | NPC / Standing Committee |
| Effective / current text | 2018 amendment in force; article numbers must be re-checked against the official Chinese compilation |
| Scope | National |
| Exceptions / cross-refs | Meeting restrictions can apply in designated case types; legal-aid appointment rules are additional |
| Official source | Official Chinese legislative database (npc.gov.cn / gov.cn compilation) — do not rely on an English reprint alone |
| Last checked | 13 August 2026 |
| Editorial note | English description is explanatory; the authoritative Chinese text controls. |
Source card — Duty lawyer (值班律师)
| Rule | A duty-lawyer mechanism exists so that a person without a defender may obtain legal help including consultation, procedure advice and application/complaint drafting assistance — this is not automatically the same as a fully retained defender. |
|---|---|
| Authority | CPL + Legal Aid Law of the PRC |
| Provision | CPL Art. 36 area; Legal Aid Law (法律援助法) relevant chapters |
| Instrument status | IN FORCE |
| Issuing authority | NPC / Standing Committee; justice-administration implementing rules (Tier B) |
| Effective / current text | CPL 2018; Legal Aid Law effective 1 January 2022 |
| Scope | National; local duty-lawyer practice varies |
| Exceptions / cross-refs | Eligibility, presence, language capability and timing are not guaranteed by this page |
| Official source | Official Chinese texts of CPL and Legal Aid Law |
| Last checked | 13 August 2026 |
| Editorial note | English description is explanatory; the authoritative Chinese text controls. |
Which clock are you looking at?
Diagram branches
- Different statutory clocks start from different events and may be extended. A period is not a release date.
- Measure starts
- Trigger event
- 拘留 → 逮捕
| Clock | Typical trigger | Base period often discussed | Who decides extensions | Primary authority (confirm text) |
|---|---|---|---|---|
| 拘留 → arrest approval | Criminal detention begins | Often discussed as 3 days + 1–4 days in special circumstances; procuratorate commonly 7 days | Investigators / procuratorate | CPL Art. 91 area · IN FORCE |
| Investigation custody after 逮捕 | Arrest approved/decided | Often discussed as 2 months, with case-type extensions | Procuratorate / designated higher authorities per statute | CPL Arts. 156–160 area · IN FORCE |
| Prosecution review | Case transferred for review | Often discussed as 1 month + 15 days; supplementary investigation can change the track | Procuratorate | CPL Art. 172 area · IN FORCE |
| First-instance trial | Court accepts the case | Varies by ordinary / summary / +2nd-instance rules and extensions | Court per CPL / SPC interpretation | CPL trial-period articles + SPC interpretation · IN FORCE |
| Appeal | Service of first-instance judgment / ruling | Often discussed as 10 days (judgment) / 5 days (ruling) | Statutory; counsel must calendar from service | CPL Art. 230 area · IN FORCE |
| 取保候审 / 监视居住 duration | Measure imposed | Separate statutory maxima (commonly discussed as up to 12 months / 6 months respectively) | Imposing authority; change/review path | CPL Arts. 67–79 area · IN FORCE |
Not a prediction
A statutory procedural period is not an expected release date, trial date or outcome. Returns for supplementary investigation, special procedures and case-specific provisions can extend or restart a track.
Source card — Detention-to-arrest decision period
| Rule | After criminal detention, investigators generally must request arrest approval within a short statutory window; the procuratorate then decides within its own statutory window. Special circumstances and designated serious-case rules can change the arithmetic. |
|---|---|
| Authority | CPL |
| Provision | Art. 91 area (2018 numbering) |
| Instrument status | IN FORCE |
| Issuing authority | NPC / Standing Committee |
| Effective / current text | 2018 CPL amendment; confirm official compilation |
| Scope | National; local practice on paperwork timing varies |
| Exceptions / cross-refs | Major / complex / designated case types; identity unclear; other statutory extensions |
| Official source | Official Chinese CPL text |
| Last checked | 13 August 2026 |
| Editorial note | English description is explanatory; the authoritative Chinese text controls. |
Compulsory measures compared
Use the working translation release on bail pending trial (取保候审). It is not equivalent to common-law bail.
| Chinese term | English working translation | Who can impose / decide | Core idea | Duration / rules (confirm text) | Do not confuse with | Primary authority |
|---|---|---|---|---|---|---|
| 拘传 | Compelled appearance / summons for questioning | PSB / procuratorate / court (as authorised) | Bring a person in for questioning; not the same as criminal detention | Short statutory duration for a single compelled appearance | 刑事拘留 | CPL Arts. 66–69 area · IN FORCE |
| 取保候审 | Release on bail pending trial (guarantor and/or deposit) | PSB / procuratorate / court | Non-custodial measure with statutory conditions | Commonly discussed maximum 12 months | Common-law bail; 监视居住 | CPL Arts. 67–73, 79 area · IN FORCE |
| 监视居住 | Residential surveillance | PSB / procuratorate / court | Restriction of residence; designated-residence rules can apply in limited situations | Commonly discussed maximum 6 months | 取保候审; house arrest in other systems | CPL Arts. 74–79 area · IN FORCE |
| 拘留 | Criminal detention | Investigators (with statutory notice / approval architecture) | Temporary custody pending further decision | Feeds the arrest-approval clock | Administrative detention; 逮捕 | CPL Art. 82 area · IN FORCE |
| 逮捕 | Arrest (as a compulsory measure) | Approved by procuratorate or decided by court; executed by PSB | A distinct, more enduring custody measure | Starts investigation-custody arithmetic | 刑事拘留; “charged” in a common-law sense | CPL Arts. 81, 87–91 area · IN FORCE |
Source card — 取保候审 is not common-law bail
| Rule | Release on bail pending trial is a PRC compulsory measure with statutory conditions, obligations, duration and change/review pathways. Eligibility is not automatic and is not decided by this page. |
|---|---|
| Authority | CPL |
| Provision | Arts. 67–73, 79 area |
| Instrument status | IN FORCE |
| Issuing authority | NPC / Standing Committee |
| Effective / current text | 2018 CPL amendment; confirm official compilation |
| Scope | National |
| Exceptions / cross-refs | Case seriousness, flight risk, evidence-interference concerns and statutory ineligibility categories can change the result |
| Official source | Official Chinese CPL text |
| Last checked | 13 August 2026 |
| Editorial note | English description is explanatory; the authoritative Chinese text controls. |
Counsel, legal aid, duty lawyer and consular routes
Diagram branches
- Five routes with different legal roles. Consular assistance is not a defense lawyer.
- Private PRC counsel, legal aid, duty lawyer, foreign lawyer, and consular assistance have different legal roles.
- criminal counsel
- Court advocacy
- Meetings & filings
| Route | Who provides it | Legal role | Who may access / qualify | What it can do | Limitations | Primary source |
|---|---|---|---|---|---|---|
| Qualified private PRC criminal counsel | PRC-licensed lawyer / firm | Defender when properly appointed | Suspect / defendant / authorised family per rules | Meetings, applications, file review when permitted, court advocacy | Must be PRC-qualified; engagement terms vary | CPL defender chapter · Lawyers Law |
| Legal aid | Legal-aid institutions / appointed lawyers | Appointed defender when eligible | Statutory eligibility / notification categories | Defense functions once appointed | Not automatic; language and timing not guaranteed | Legal Aid Law + CPL |
| Duty lawyer | Duty-lawyer scheme | On-site legal help — not automatically a full defender | Persons without a defender, per rules | Consultation, procedure advice, help with applications | Different from a retained defender | CPL Art. 36 area |
| Foreign lawyer | Home-country counsel | Background advice in some situations | Private engagement | Coordinate, explain home-country issues | Generally cannot advocate in a PRC criminal court | Lawyers Law / practice rules |
| Consular assistance | Sending-state mission | Notification, visit, welfare, liaison | Nationals, subject to treaty and local practice | Welfare and communication channel | Not a substitute for independent PRC counsel | VCCR + bilateral consular treaties + local practice |
Individual counsel vs company counsel
| Company counsel | Individual counsel | |
|---|---|---|
| Client | The company | The employee / director |
| Confidentiality | Owned by the company engagement | Owned by the individual engagement |
| Interests represented | Entity, shareholders, compliance posture | Personal liberty, status, statements |
| Conflict trigger | Adverse or potentially adverse interests — separate review is required; do not assume one lawyer can act for both | |
Foreign-national overlay
Diagram branches
- Persistent overlay: counsel, interpreter, consular channel, passport, visa, family, medical, translation authority.
- Counsel, interpreter, consular, passport, visa, family, medical and translation issues persist across stages.
- Investigation
- Custody
- Prosecution
Stay nationality-neutral. Do not generalise one country’s consular guidance to all nationalities. Language quality in interviews and court is a recurring issue — if interpretation is inadequate, tell counsel immediately rather than improvising.
Passport control, exit restrictions and future visa decisions can follow even after a criminal matter is resolved. Coordinate with the visa guide and, for directors, the exit-ban cluster.
Diagram branches
- One event can generate overlapping tracks. This page does not auto-classify the matter.
- One event may generate overlapping legal tracks. Do not auto-classify from limited facts.
- Criminal procedure
- CPL compulsory measures
- Investigation · prosecution
Family response journey
Diagram branches
- Verify facts → welfare → PRC counsel → consular channel → single lead → retain records → anti-scam.
- Seven family checkpoints from verification to anti-scam, without tactical filing advice.
- Verified facts
- Name, nationality,
- location, authority,
Family action checklist
- [ ] Person’s full name, nationality and last known location
- [ ] Any document received (photograph the original; do not alter it)
- [ ] Issuing authority and date/time on the document
- [ ] Medical, disability, medication and language needs
- [ ] Qualified PRC criminal counsel engaged or being engaged
- [ ] Consular channel identified for that nationality (if applicable)
- [ ] One family communications lead appointed
- [ ] Records retained — no deletion, alteration, or unofficial circulation
- [ ] Anyone requesting unofficial payment or “special access” logged and ignored pending counsel
Anti-scam card
Distressed families are frequently targeted by people claiming special relationships with police, courts or “inside access.” Route money and documents only through counsel you have independently verified. Embassy/consulate channels are not payment brokers for unofficial “release fees.”
Corporate / employer journey
Diagram branches
- Company contact, personal contact, records or data, and individual-company conflict route to different workstreams.
- 1. Company contacted?
- PRC criminal /
- compliance counsel
| Issue | Lower complexity | Needs prompt specialist review | High-consequence escalation |
|---|---|---|---|
| Employee welfare | Routine contact issue | Custody / language issue | Urgent medical / access issue |
| Records | Known documents retained | Systems / devices implicated | Deletion / transfer / access concern |
| Counsel | Company only | Potential individual conflict | Actual adverse interests |
| Data | Ordinary local records | Personal / trade-secret data | Cross-border / sensitive-system issue |
| Communications | Internal factual update | Partner / customer inquiry | Media / public statement |
| Immigration | No immediate issue | Visa / work-permit concern | Exit / passport / custody issue |
These are response-complexity labels, not scored “legal risk levels.”
What document do you have?
Diagram branches
- Anatomy only. Do not treat an English translation as changing the Chinese original.
- Generic fields only: title, authority, person, measure, date, legal basis, contact, acknowledgement. Not a template.
- [Title of instrument]
- Issuing authority: ________________
- Person concerned: ________________
Practical workflow — investigation to appeal (decision map)
Once status is known, the high-level sequence is still useful as a map — but each box has its own clock and exceptions.
1
Investigation
Evidence gathering; summons; compulsory measures. Counsel access and measure applications often matter most here.
2
Prosecution review
Procuratorate may indict, return the case, or decide not to prosecute. File review and opinions become central.
3
First-instance trial
Court procedure type, interpreter quality, and applications. Plea-related options exist under current rules — counsel-led.
4
Appeal / aftermath
Short appeal clocks. Immigration, employment and director-exit consequences may already be running in parallel.
Common case-category labels (drugs, fraud/economic crime, DUI with serious harm, assault, immigration-related crime) are not sentencing predictions. Each has a different evidence landscape — generalisations are dangerous. Use city hubs for local counsel routing:
Common mistakes — unsafe assumptions
| Assumption | Better framing |
|---|---|
| “No formal charge means nothing serious has happened.” | Procedural significance may arise well before a common-law concept of formal charge. |
| “Bail works like bail in my home country.” | 取保候审 is a PRC compulsory measure governed by PRC rules. |
| “The embassy is my defense lawyer.” | Consular and legal-representation functions are different. |
| “The company’s lawyer automatically represents the employee/director.” | Individual and corporate interests can diverge. |
| “Deleting irrelevant material is harmless.” | Preservation and alteration questions should be handled with counsel. |
| “Every criminal case has the same deadline.” | Different procedural clocks, exceptions and extensions may apply. |
| “The English translation is enough.” | Legal analysis should trace back to the authoritative Chinese instrument. |
| “A statutory deadline predicts release or outcome.” | Procedural limits and case outcomes are different questions. |
Action checklist
Individual / family
- [ ] Identify the procedural node on the status tree
- [ ] Photograph documents; keep Chinese originals
- [ ] Engage qualified PRC criminal counsel
- [ ] Ask about legal aid / duty lawyer if no private counsel is in place
- [ ] Open the correct consular channel if applicable
- [ ] Calendar known dates (detention start, service of judgment)
- [ ] Do not speak to media unless counsel agrees
Employer
- [ ] Run the four corporate forks (company / person / records / conflict)
- [ ] Issue a lawful preservation instruction — no deletion
- [ ] Separate individual counsel if interests may diverge
- [ ] Map data, HR, communications and immigration workstreams
- [ ] Complete the counsel handoff pack below
Counsel handoff pack
Free initial consultation — prepare this pack first. Typical scope: status identification, measure/clock triage, or family/employer routing — not a full defense file. Eligibility and response time are set by each lawyer.
China Legal Portal
Criminal-procedure status fact sheet
1. Who is filling this in?
2. Known status
3. Urgent needs
4. Company overlay (if any)
5. Questions for counsel
Not legal advice. Chinese CPL and related instruments control. Source: chinalegalportal.com/china-criminal-defense-law
Primary-source ledger & update log
Five-field rule: authority + provision + legal status + effective/version date + last verified. High-consequence rules use Tier A/B only.
| Instrument | Status | Use on this page | Last checked |
|---|---|---|---|
| Criminal Procedure Law of the PRC (2018 amendment text) | IN FORCE — confirm official compilation / article numbers | Measures, clocks, defender rights | 13 Aug 2026 |
| Criminal Law of the PRC | IN FORCE | Offence landscape only — not sentencing predictions | 13 Aug 2026 |
| Legal Aid Law of the PRC | IN FORCE (effective 1 Jan 2022) | Legal-aid route | 13 Aug 2026 |
| SPC interpretations on applying the CPL | IN FORCE where currently effective — cite instrument number when using a specific rule | Trial / foreign-related procedure detail | 13 Aug 2026 |
| MPS / procuratorial / justice-administration rules | IN FORCE as labelled per instrument (Tier B) | Implementation | 13 Aug 2026 |
| Vienna Convention on Consular Relations + bilateral treaties | IN FORCE for relevant states | Consular overlay — nationality-specific | 13 Aug 2026 |
| Proposed CPL amendments / drafts | UNDER REVIEW / PROPOSED — not applied as current law | Watch list only | 13 Aug 2026 |
Change log: 13 August 2026 — rebuilt as a Criminal Procedure Decision & Response Guide (direct answer, status tree, triage matrix, hierarchy, multi-clock timeline, compulsory-measures matrix, counsel/legal-aid/duty-lawyer/consular comparison, foreign overlay, family and corporate journeys, annotated documents, unsafe-assumptions table, structured FAQs, source cards, handoff pack). No third-party crime-rate charts. Portal directory coverage is not the entire legal market.
