How Long Can Police Detain You in China? Time Limits Explained

In short: in China the police cannot hold you indefinitely. Under the Criminal Procedure Law, questioning after a summons is capped at 12 hours (24 hours in especially serious and complex cases); once formally detained you must be sent to a detention centre and your family notified within 24 hours; and the police must apply to the procuratorate for approval of arrest within three days, extendable to seven days, or up to 30 days for certain serious suspects.

The three different “detentions” people confuse

Chinese law uses several distinct measures, and their time limits are very different. Mixing them up is the most common mistake:

Summons or compelled appearance (chuanhuan, juchuan) — questioning at a designated place or your residence. This is not custody.
Criminal detention (juliu) — formal police custody while approval for arrest is sought. This is the stage most people mean by “detained”.
Administrative detention (xingzheng juliu) — a penalty under the Public Security Administration Punishments Law, normally up to 15 days.

Questioning: 12 hours, or 24 in serious cases

Article 119 of the Criminal Procedure Law provides that a suspect who does not need to be arrested or detained may be summoned to a designated place in the city or county where he lives, or questioned at his residence, on production of the relevant documents. A summons or compelled appearance must not last longer than 12 hours. Where the case is especially serious and complex and detention or arrest may be necessary, the limit is 24 hours. Continuous summons must not be used to detain a suspect in disguise, and the suspect’s meals and necessary rest must be ensured.

Criminal detention: to the detention centre within 24 hours

Article 85 provides that when the police detain a person they must produce a detention warrant. After detention, the person must be sent to a detention centre immediately and in any event within 24 hours. Except where notification is impossible, or in cases of offences endangering national security or terrorist activity where notification might obstruct the investigation, the family must be notified within 24 hours; once the obstruction no longer exists, the family must be notified immediately. Article 86 adds that the detained person must be questioned within 24 hours, and released immediately with a certificate if the detention was improper.

How long before arrest is approved: 3 to 30 days

Article 91 provides that where the police consider arrest necessary, they must submit the case to the procuratorate for approval within three days of detention; in special circumstances this may be extended by one to four days. For major suspects who commit crimes in more than one place, repeatedly commit crimes, or act in gangs, the period may be extended to 30 days. The procuratorate must then decide whether to approve arrest within seven days of receiving the request. If it does not approve, the police must release the person immediately.

What this means if you are a foreigner

These limits apply regardless of nationality. If you are detained you have the right to have your family notified (subject to the exceptions above) and to retain a defence lawyer. A lawyer holding the required documents may meet the client, and the detention centre must arrange the meeting within 48 hours; only in cases endangering national security or involving terrorist activity does a meeting during investigation require the investigating authority’s permission. Foreign nationals also have consular notification rights under the Vienna Convention.

FAQ

Q：How long can the police question me without arresting me?

A：Up to 12 hours after a summons, or 24 hours only where the case is especially serious and complex and detention or arrest may be needed.

Q：How long can the police hold me before a decision on arrest?

A：The police must seek approval within three days of detention, extendable by one to four days, or up to 30 days for suspects who commit crimes in multiple places, repeatedly, or in gangs. The procuratorate then has seven days to decide.

Q：How long until my family is told?

A：Within 24 hours of detention, unless notification is impossible or, in national-security or terrorism cases, would obstruct the investigation.

Q：Do the same time limits apply to foreigners?

A：Yes. The Criminal Procedure Law applies to offences committed in China regardless of nationality, and foreign detainees also have consular notification rights.