Criminal Detention vs. Arrest: Understanding the Two Types of Custody in China
Chinese criminal procedure distinguishes between criminal detention (xing shi ju liu) and formal arrest (dai bu). These are different legal statuses with different standards, time limits, and consequences. Families of detained foreigners frequently confuse the two — with significant practical implications.
Criminal Detention (Xing Shi Ju Liu)
This is an investigative measure authorised by the police themselves, without procuratorate approval. It lasts up to 30 days (extendable for complex cases), followed by 7 days for the procuratorate to decide on arrest. The standard is "reasonable suspicion." The detainee is held at a detention centre (kan shou suo).
Formal Arrest (Dai Bu)
Arrest requires procuratorate approval and a higher evidentiary standard: credible evidence of a crime and the likelihood of a sentence of imprisonment or heavier punishment. Post-arrest investigation can last 2–7 months. Arrest signals that the procuratorate considers the case substantively viable — it is harder to reverse than criminal detention.
Primary legislation: Criminal Procedure Law, Articles 80–96 [CN official]
Related: Detention Timeline → | Detention Centres →