Detained in China: The First 37 Days Explained for Foreigners

Bottom line: After criminal detention in China, police must interrogate you within 24 hours and normally notify your family within 24 hours. They then have up to 7 days in ordinary cases, or up to 30 days for certain major suspects, to obtain arrest approval – plus 7 days for the procuratorate to decide. That totals up to 37 days.

Wang Guan | Beijing Haolue Law Firm (Co-founder) | Practice certificate no.: 11101202111297085 | 22+ years in legal practice | Practice area: Criminal defense for foreign nationals in China | Tel: +86 178 1310 8512 | Address: F2, East Tower, Hademen Plaza, No.8 Chongwenmenwai Street, Dongcheng District, Beijing

Legal basis

What is the difference between criminal detention and arrest in China?

Criminal detention (xingshi juliu, 刑事拘留) and arrest (daibu, 逮捕) are two different compulsory measures, and they are often confused. Detention is a temporary measure ordered by a public security organ on its own authority. Arrest is a more formal step that requires the approval of the people’s procuratorate.

Article 81 of the Criminal Procedure Law sets the conditions for arrest: there must be evidence of a criminal fact, the offence must be one that can carry a prison sentence or heavier, and release on guarantee must be considered insufficient to prevent the listed social risks. Because the decision needs procuratorate approval, the period between detention and an arrest decision is the critical window in which defence work begins.

For foreign nationals, Article 17 provides that where a foreign national commits a crime that must be investigated for criminal responsibility, this law applies. Where the person enjoys diplomatic privileges and immunities, the matter is resolved through diplomatic channels instead.

What must happen in the first 24 hours?

Two deadlines fall inside the first 24 hours, and both matter to the person detained.

First, Article 85 requires that, after detention, the detained person be sent to a detention centre promptly and in any event within 24 hours. Apart from situations where notification is impossible or where notifying may obstruct investigation in cases of endangering national security or terrorist activity, the family must be notified within 24 hours of the detention.

Second, Article 86 requires the public security organ to interrogate the detained person within 24 hours of the detention. If it becomes clear that the person should not be detained, the person must be released immediately and given a release certificate.

In practice, the detained foreign national should ask whether the consulate has been informed and should state clearly, in writing or on the record, that a lawyer is wanted. A defence lawyer can then be appointed and begin work while the case is still at the investigation stage.

The two paths: 7 days and 37 days under Article 91

Article 91 governs how long the police may hold a detained person before the arrest question is decided. In ordinary cases, if the police consider arrest necessary, they must submit the request for arrest approval to the procuratorate within 3 days of the detention. In special circumstances that period may be extended by one to four days, so up to 7 days in total.

For major suspects in cases of offending while on the move, repeated offending, or group offending, the submission period may be extended to as long as 30 days.

Whichever submission period applies, the procuratorate must decide whether to approve the arrest within 7 days of receiving the request. The familiar “37 days” therefore means up to 30 days for the arrest request plus 7 days for the procuratorate’s decision. In ordinary cases the maximum is correspondingly shorter – up to 14 days in total.

If the procuratorate does not approve the arrest, the police must release the person or change the compulsory measure. If arrest is approved, the investigation continues and longer custody periods may follow.

Can my family visit me while I am detained?

While a person is in custody, family members cannot obtain a normal visit. Article 39 provides that a defence lawyer may meet and correspond with a detained suspect or defendant. Other defenders may meet and correspond only with the permission of the people’s court or people’s procuratorate.

This is why, for foreign families, the route to contact and to information runs through a qualified defence lawyer. The lawyer can meet the detained person, explain the situation, and relay instructions, while the family deals with documents from abroad.

Can foreigners get bail (guarantor pending trial) in China?

Release on guarantee pending trial (qubao houshen, 取保候审) is available to foreign nationals on the same statutory terms as to anyone else. Article 67 lists the situations in which it may apply: where the offence may attract control, short-term detention, or a supplementary penalty applied independently; where a heavier penalty is possible but release would not create social danger; where the person has a serious illness, cannot care for themselves, is pregnant, or is nursing an infant, and release would not create social danger; and where the custody period has expired but the case is not yet concluded.

Whether it is granted in a particular case is a decision for the authorities, weighing the circumstances. A foreign national who is released on guarantee typically remains subject to restrictions and should not assume the ability to leave China.

How long can investigation custody last after arrest?

Once an arrest has been approved, Article 156 sets the general investigation custody period at no more than 2 months after the arrest. Where the case is complex and cannot be concluded within that period, the period may be extended by 1 month with the approval of the people’s procuratorate at the next higher level.

Article 158 allows a further extension of 2 months, on the approval or decision of a provincial-level people’s procuratorate, for defined categories such as major complex cases in remote areas with difficult transport, major criminal-group cases, major complex cases of offending while on the move, and major complex cases involving wide-ranging evidence-gathering difficulties.

Article 159 allows one more extension of 2 months, again on provincial-level approval, where the suspect may be sentenced to ten years’ imprisonment or more and the case still cannot be concluded.

The first 37 days: a day-by-day timeline

Frequently asked questions

What should I do first if I am detained in China?

Ask that a lawyer be informed and request that your consulate be notified. Say nothing about the facts before speaking to a defence lawyer. Record the date and time of detention, because the 24-hour and 7-day clocks run from it.

Can the police hold me without charge? How long?

Detention can last up to 14 days in ordinary cases, or up to 37 days for certain major suspects, while the arrest question is decided under Article 91. Continued custody then depends on approval of arrest.

What happens in the first 37 days after detention in China?

Detention, interrogation within 24 hours, family notice within 24 hours, then a police window of up to 7 or 30 days to request arrest, plus a 7-day procuratorate decision – up to 37 days in all.

Can I leave China while under investigation?

Generally no. A person who is a criminal suspect or defendant falls within the categories for which exit is not permitted, and a person released on guarantee remains subject to restrictions.

Will I be deported if charged with a crime in China?

Deportation is a separate matter decided in the criminal proceedings. For a foreign national convicted of a crime, the court may apply deportation independently or in addition to another penalty.

Official sources and related reading

• National Laws and Regulations Database
• Vienna Convention on Consular Relations
• Can Foreigners Work Two Jobs in China? Holding a Second Job Legally
• Can Foreigners Get a SIM Card in China? Mobile Number Rules
• More articles in this topic

Rules and procedures can change. Check the current official text and the case-handling authority before relying on a deadline or requirement.

Disclaimer: This article provides general information only and is not legal advice. It does not create a lawyer-client relationship. For advice on any specific situation, consult a qualified lawyer.

Wang Guan | Beijing Haolue Law Firm (Co-founder) | Practice certificate no.: 11101202111297085 | 22+ years in legal practice | Practice area: Criminal defense for foreign nationals in China | Tel: +86 178 1310 8512 | Address: F2, East Tower, Hademen Plaza, No.8 Chongwenmenwai Street, Dongcheng District, Beijing

First published 2026-10-13 | Last updated 2026-10-13 | What changed: first publication, citations verified against the current versions.