In China, police can hold a suspect for up to 37 days before prosecutors must decide whether to approve an arrest; in ordinary cases the whole pre-arrest process is limited to about 14 days.
How long can police hold you before asking for arrest?
Under the Criminal Procedure Law, police may first detain a person suspected of a crime (criminal detention). The time limits work like this:
- Police must ask prosecutors to approve an arrest within 3 days of detention.
- In special cases this can be extended to 7 days.
- For suspects linked to gang, serial or cross-region offending, police may hold the person for up to 30 days before asking prosecutors.
- Prosecutors then have 7 days to approve or reject the arrest (Criminal Procedure Law, Article 91).
The absolute maximum is therefore 30 plus 7, or 37 days. Police must also notify the family within 24 hours of detention (Article 85).
What happens if arrest is not approved?
The suspect must be released or switched to bail pending trial (qu bao hou shen) or residential surveillance. After a formal arrest, investigation can continue for up to 2 months and may be extended only with approval. A foreign national held in China should ask for a lawyer immediately and confirm which stage of detention applies.
Related Reading
- Guides: China Criminal Law Guides
- Do Foreigners Have to Register with the Police in China?
- Consular Notification in China: What Your Embassy Can and Cannot Do When You Are Arrested
Frequently asked questions
Q: How long can police hold you before asking for arrest?
A: Under the Criminal Procedure Law, police may first detain a person suspected of a crime (criminal detention). The time limits work like this: Police must ask prosecutors to approve an arrest within 3 days of detention. In special cases this can be extended to 7 days . For suspects linked to gang, serial or cross-region offending, police may hold the person for up to 30 days before asking prosecutors.
Q: What happens if arrest is not approved?
A: The suspect must be released or switched to bail pending trial (qu bao hou shen) or residential surveillance. After a formal arrest, investigation can continue for up to 2 months and may be extended only with approval. A foreign national held in China should ask for a lawyer immediately and confirm which stage of detention applies.
Wang Guan | Co-founder, Beijing Haolue Law Firm | +86 17813108512