The Criminal Detention Clock Starts Immediately

When a foreign national is taken into custody by Chinese police, a strict procedural clock begins ticking. Understanding this timeline is critical — because rights, access to a lawyer, and the possibility of release all depend on which stage the case is in.

Under the Criminal Procedure Law, Articles 85–89, 117, 156 [CN official], the criminal process unfolds in distinct phases with specific time limits — though extensions are permitted in complex cases.

Stage One: Summons (Chuan Huan) — Up to 24 Hours

Police may summon a suspect for questioning. Under CPL Article 117, a summons generally cannot exceed 12 hours. In especially complex cases where detention or arrest may be necessary, it may be extended to 24 hours. During this period, the person is not yet formally detained — but they are not free to leave. For foreign nationals, this is often the period during which families first learn something is wrong, when the person fails to return to their hotel or apartment.

Stage Two: Criminal Detention (Xing Shi Ju Liu) — Up to 37 Days

After the summons, if police believe there are grounds, they issue a criminal detention order. Under CPL Articles 85–89:

  • Police must notify the family within 24 hours of detention, unless notification would hinder the investigation — an exception sometimes invoked in drug or national security cases.
  • For foreign nationals, police must also notify the relevant consulate within 24 hours under the Vienna Convention on Consular Relations, Article 36 [CN official].
  • Police must apply to the procuratorate for formal arrest approval within 3 days (extendable to 7 days for "major suspects" and 30 days for "complex cases involving multiple crimes, gang crime, or fleeing suspects").
  • The procuratorate then has 7 days to decide whether to approve arrest.

The maximum pre-arrest detention period is therefore 37 days (30 + 7). This is often the most critical window for a lawyer to intervene — applying for bail pending trial, challenging the detention grounds, or arguing against formal arrest.

Stage Three: Post-Arrest Investigation — 2 to 7 Months

Once formally arrested (dai bu), investigation continues under CPL Article 156: a 2-month investigation period, extendable by one month for complex cases. Cases involving "especially serious and complex circumstances" may see investigation periods of up to 7 months after approval by provincial or national procuratorates. The SPC & SPP Guiding Opinions on Plea Leniency (2019) also affects how cases proceed through this stage.

Practical Reality for Foreign Families

Foreign nationals may face detention periods toward the longer end of these ranges — particularly in drug-related, fraud, or national security cases. Consular notification should happen within 24 hours, but delays occur. Families abroad should: (1) contact a Chinese criminal lawyer immediately; (2) notify their home consulate; (3) prepare proof-of-relationship documents; (4) not attempt to send money or items to the detention centre without confirming what is permitted — see our guide on sending money and supplies.

Primary legislation: Criminal Procedure Law, Articles 85–89, 117, 156 [CN official]
Related: Vienna Convention on Consular Relations, Article 36 [CN official]  |  Lawyer Visitation Rights →  |  Full Case Timeline →