A Family Member Has Been Detained by Police in China. What Should We Do First?

Is this a criminal case, or something less serious?

Chinese police handle two very different kinds of cases, and the first step is to work out which one this is.

• Administrative (public security) cases cover minor misconduct under the Public Security Administration Punishments Law, such as fighting or minor drug use. The person is usually summoned for questioning and may receive a warning, a fine or administrative detention of up to 15 days (up to 20 days for more than one violation). This does not create a criminal record.
• Criminal cases involve suspected offenses under the Criminal Law. The person may be summoned for questioning first, or placed directly in criminal detention (刑事拘留, xingshi juliu). The stakes and time periods are much greater.

Measure	What it is	Time limit
Summons in an administrative case	Questioning at the police station about minor misconduct	Generally up to 8 hours; up to 12 hours where many people are involved or identity is unclear; up to 24 hours in complex cases that may lead to administrative detention. The police must promptly tell the family the reason and the place.
Summons or compelled appearance in a criminal case	Questioning at a designated place	Generally up to 12 hours; up to 24 hours in especially serious or complex cases where detention or arrest is needed. Repeated summonses may not be used as disguised detention.
Criminal detention	An initial custodial measure the police may take against a suspect in situations defined by law	The person must be sent to a detention center within 24 hours and questioned within 24 hours. Later deadlines are set out below.

If the person has not come home after these time limits and you have seen no detention notice, ask the police office handling the matter whether it is an administrative or a criminal case. The rest of this page deals with criminal cases.

A note on terms. "Detention" and "arrest" mean different things in China than in English-speaking countries. Criminal detention is the first stage of custody, decided by the police themselves. Arrest (逮捕, daibu) is a later, more serious decision that must be approved by the procuratorate, China's state prosecution authority, which also decides whether to bring charges. Someone in criminal detention has not yet been "arrested" in the Chinese sense.

What should we check first?

1. Which police office is handling the case. Write down when and where the person was taken, which unit the officers came from, and any ID or documents they showed. Friends, colleagues or the employer in China may know more than you do.

2. The detention notice. Under Article 85 of the Criminal Procedure Law, the police must notify the family within 24 hours of criminal detention, stating the reason and the place of custody. There are two exceptions: where notification is impossible, and, in national security or terrorism cases, where it would impede the investigation.

3. If you have not been notified. For families outside China, notification often fails in practice: the police may have no overseas contact details, or no one who can communicate with you. "Impossible to notify" covers situations where the person's identity is unknown, there is no family, or the contact details provided do not work. If you hear nothing within 24 hours, you can contact the police office handling the case, ask your embassy or consulate to inquire, or ask a lawyer in China to verify.

4. Where the person is being held. Someone taken in one city may first be held at a detention center there and later transferred to the city where the case is handled.

Keep copies of every document you receive. The issuing office, date, stated reason and place of custody tell a lawyer what stage the case has reached.

Will the embassy or consulate be told?

If the detained person is a foreign national, yes. Under the Ministry of Public Security's rules on criminal procedure (Articles 367 to 370), after a foreign suspect is detained, arrested, released on bail or placed under residential surveillance:

• the provincial police authority must notify the embassy or consulate of the person's country, giving details such as name, passport number, the suspected offense and the measure taken;
• when consular officers ask to visit a citizen in custody, the police must arrange it promptly. The detained person may decline a consular visit, but must do so in writing;
• with police approval, a foreign suspect may meet close relatives and correspond with the outside world during police custody.

Notification deadlines are set by consular treaties and differ from country to country. For example, under the consular convention between China and the United States, notification is due within four days. See Can I contact my embassy or consulate if I am detained in China?

For the family, the embassy or consulate is worth contacting early. Consular officers can confirm where the person is held, visit them, check on their health and pass on messages. They cannot act as defense lawyers or intervene in the case, but they can usually provide a list of local lawyers.

How do we appoint a lawyer from abroad?

Who can appoint. Under Article 34 of the Criminal Procedure Law, a suspect may appoint defense counsel from the first interrogation or the first coercive measure, and during the investigation stage only a lawyer may act. If the suspect is in custody, a guardian or close relative may appoint counsel on their behalf. Under Chinese law, close relatives are the spouse, parents, children and full siblings.

An employer or friend cannot formally appoint a lawyer on the detained person's behalf, although they can help find one and pay the fees. Consular officers have the right to arrange for the detained person's legal representation (Article 36(1)(c) of the Vienna Convention on Consular Relations), and where a foreign defendant is in custody, the embassy or consulate may appoint a defense lawyer on their behalf (Article 485 of the SPC Interpretation of the Criminal Procedure Law). The detained person can also ask the police to pass on a request for a particular lawyer, and the police must do so promptly.

Which lawyer. A foreign suspect must appoint a lawyer practicing at a law firm in China (Article 369 of the MPS rules). A lawyer from your home country can advise the family and coordinate with the Chinese lawyer, but cannot act as defense counsel in the Chinese proceedings. See Can a foreign lawyer defend me in a Chinese criminal case?

What it involves.

• Discuss the situation with the lawyer first; this can be done by video call.
• Sign an engagement agreement and a power of attorney.
• Provide your own ID and documents showing your relationship to the detained person, such as a marriage or birth certificate, plus any notices you have received.
• Documents issued outside China may need translation, notarization and authentication. Since the Apostille Convention took effect for China on November 7, 2023, an apostille is generally enough for documents from other member states. Requirements in practice vary by locality, so ask the lawyer exactly what is needed before you start.

What the lawyer can do during the investigation stage.

• Meet the detained person, hear their account, explain their rights and give legal advice. The detention center must arrange the meeting promptly, and no later than 48 hours after the lawyer's request (Article 39).
• Confirm the appointment with the detained person directly.
• Learn the suspected offense and the main facts from the police, and submit legal opinions.
• Apply for release on bail and file petitions or complaints on the person's behalf.

Can we visit or contact our relative?

Usually not until the case is decided. Under the Regulations on Detention Centers, correspondence and visits with close relatives require the consent of the authority handling the case and approval by the police, and any items sent in are inspected. For foreign nationals, the MPS rules allow meetings with close relatives and correspondence during police custody with police approval, but approval is not automatic.

What families can usually do is send clothing, and deposit money into the detained person's account at the detention center, through the detention center's official channels. The detention center provides basic meals; the money lets the person buy extra food and daily items there. Each center has its own procedure; your lawyer can arrange this for you or explain how.

What information should we give the lawyer?

1. The person's full name as it appears in their passport, nationality, passport number, and any Chinese name.
2. When, where and how they were taken.
3. Photos of all documents received, and the name and contact details of the police office.
4. Health: medical history, regular medication, allergies, pregnancy or breastfeeding. This affects whether the detention center accepts the person and is an important ground when applying for release.
5. Family responsibilities: children who depend on them, or elderly relatives who cannot care for themselves.
6. Their situation in China: visa or residence permit, employer, how long they have lived in China, whether they speak Chinese.
7. Any phones, computers or business records taken, and whether the police left an inventory.
8. Whatever you know about what the case might concern. It is fine if you know very little.

What happens next, and how fast?

Stage	What the law provides
After criminal detention	Within 24 hours: transferred to a detention center, questioned, and the family notified (subject to the exceptions above)
Police request approval of arrest	Within 3 days of detention; may be extended by 1 to 4 days; up to 30 days for major suspects in cases involving crimes committed across regions, repeatedly, or by a group
Procuratorate decides	Within 7 days of receiving the request, it approves or refuses arrest
Arrest not approved	The police must release the person immediately; if further investigation is needed and conditions are met, the person may be released on bail (取保候审, qubao houshen) or placed under residential surveillance
After arrest	Investigation custody may not exceed 2 months; 1 more month with approval of the next higher procuratorate in complex cases; 2 further months with provincial approval in certain serious and complex cases; and 2 more months where the likely sentence is ten years or more

The period from criminal detention to the procuratorate's decision on arrest can last up to 37 days (up to 30 days before the police request approval, plus 7 days for the decision). This window is the most important time to seek release on bail or to argue that arrest should not be approved. At every stage, the lawyer can apply to change the coercive measure, and the authority must decide within 3 days and give reasons if it refuses. For how release works, see Can someone detained in China be released before trial? and, if arrest has already been approved, Is release still possible after arrest in China?

Legal basis (October 2026)

• Criminal Procedure Law of the People's Republic of China (2018), Articles 34, 38, 39, 82, 85, 86, 91, 97, 108, 119, 156, 158 and 159
• Provisions on Procedures for Handling Criminal Cases by Public Security Organs (Ministry of Public Security, 2020 amendment), Articles 113, 126 to 131, and 367 to 370
• Regulations of the People's Republic of China on Detention Centers, Articles 28 and 30
• Public Security Administration Punishments Law of the People's Republic of China (2025 revision), Articles 16 and 97
• Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law (2021), Article 485
• Vienna Convention on Consular Relations (1963), Article 36