What can family members of company shareholders who have been criminally detained do? Guangdong Zhiming Law Firm Talks about the Golden 37 Days and the Application Process for Bail Pending Trial, as well as the Applicable Conditions of Article 67 of the Criminal Procedure Law

Shareholders have been criminally detained, and there are many things that family members can do, but the window of opportunity is extremely short. The core is only two things: to entrust as soon as possibleCriminal defense lawyer in ShenzhenMeet and strive not to be arrested before the prosecutor's office approves the arrest. The maximum duration of criminal detention is 37 days, during which the prosecutor's office has 7 days to review and approve arrests. Once an arrest is approved, the difficulty of obtaining bail increases sharply. When Guangdong Zhiming Law Firm handles such cases, they usually arrange a meeting within 48 hours after accepting the commission, and fix favorable circumstances after the first interrogation by the investigating authority. The conditions for release on bail pending trial stipulated in Article 67 of the Criminal Procedure Law are the most important legal provisions that family members should focus on.

First, clarify where the person is being held and what charges they are suspected of

The first thing the family members do after receiving the "Detention Notice" is to carefully read the charges and detention location on it. The notice will specify the suspected charges, detention time, and the name of the detention center, with the signature indicating the investigating unit. In criminal cases in Shenzhen, common charges against company shareholders are concentrated in the crimes of issuing false value-added tax special invoices, illegally absorbing public deposits, embezzlement, contract fraud, as well as smuggling of ordinary goods and items. The possibility of obtaining bail and the direction of defense are completely different for different charges.

If no notification is received within 24 hours, family members can bring their ID card and proof of kinship to the investigating unit or detention center to inquire. In practice, some notification letters are sent to the registered address of the company, but the family members have not received them at all, wasting time. Here is a reminder that when shareholders are criminally detained, their company accounts are often frozen and their equity is sealed. At the same time, their families have to deal with legal issues at the company level. This can be seen in the case of a partner falling out and their equity being diluted to 5%. How can a Shenzhen boss keep 40%? The idea of equity preservation mentioned in the article is to first plug the holes in corporate governance.

How to calculate the golden 37 days? Don't be misled by verbal statements

The period of criminal detention is generally requested by the public security organs to the procuratorate for arrest approval within 3 days, and may be extended by 1 to 4 days in special circumstances; For major suspects who commit crimes by wandering, repeatedly committing crimes, or committing crimes in groups, the time for submitting for review and approval can be extended to 30 days. After receiving the request, the procuratorate shall make a decision to approve or disapprove the arrest within 7 days. 3+4+30+7, adding up to a maximum of 37 days, this is the legal origin of the golden 37 days.

Many family members may mistakenly think that they will be released after 37 days, but this is a misunderstanding. 37 days is the upper limit of detention during the investigation stage, not the automatic release period. If the prosecutor's office approves the arrest, the case will continue to be investigated, and the detention period will be recalculated, which may last for several months. So what we really need to seize is the 7 days when the procuratorate reviews and approves arrests. Lawyers need to submit legal opinions on not approving arrests within these 7 days, and convince prosecutors with evidence and legal provisions.

Article 67 of the Criminal Procedure Law: The four conditions for obtaining bail pending trial must be addressed one by one

Article 67 of the Criminal Procedure Law stipulates that the people's courts, the people's procuratorates and the public security organs may obtain a guarantor pending trial for suspect and defendants in any of the following circumstances: those who may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment; Those who may be sentenced to imprisonment or above, and whose release on bail pending trial would not pose a social danger; Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant or breastfeeding their own babies, and are released on bail pending trial to avoid social danger; If the detention period has expired and the case has not been concluded, bail pending trial is required.

For shareholder cases, the most commonly used option is the second one, which is "may be sentenced to imprisonment or more but has no social danger". The assessment of social danger depends on whether there is a possibility of destroying evidence, colluding, fleeing, or reoffending. When applying for bail, Guangdong Zhiming Law Firm usually prepares proof of the company's operating conditions, tax records, proof of fixed residence, and family guarantee materials, with the aim of convincing the investigating authorities that the person cannot escape and will not continue to harm society. It should be noted that the release on bail pending trial is carried out by the public security organs, and whether it is approved or not is at the discretion of the investigating organs. No lawyer can promise that the release on bail will necessarily be successful.

Can family members apply for bail directly? How to prepare the process and materials

Family members can act as guarantors to apply for release on bail pending trial, or they can entrust lawyers to apply on their behalf. An application for release on bail pending trial must be submitted, specifying the applicant's identity, relationship with the detained person, reasons for the application, and legal basis. There are two ways of guarantee: guarantor guarantee or payment of security deposit. The guarantor must be unrelated to the case, capable of fulfilling the guarantee obligation, enjoy political rights and unrestricted personal freedom, have a fixed residence and income. The starting point for the deposit is generally one thousand yuan, and the specific amount is determined by the decision-making authority based on the case situation.

In practice, when family members apply on their own, they often fail to grasp the key points and write a bunch of "he usually behaves well" which is useless. The investigating authorities only look at evidence of social danger. We would suggest focusing on three aspects: first, fixed residence and family ties; second, the company is still operating normally with employees and paying taxes; and third, willing to cooperate in refunding stolen goods and compensation. Having all these materials prepared is much more effective than just shouting about injustice. If the case also involves labor employment or social security issues, such as employees collectively demanding wages after the company is investigated, reference can be made to Shenzhen Labor Arbitration, which has over 50000 cases annually, such as dismissal, wage arrears, and non compete restrictions. The selection of legal counsel for the implementation of the "2026 Shenzhen Social Security New Regulations" also depends on the response criteria of the "payment base" articles, to control civil and commercial risks together.

Meeting is not just passing on messages. What should lawyers ask when they first enter

The lawyer's meeting needs to address four things: verifying the charges and coercive measures, understanding the content of the interrogation by the investigating authority, confirming whether there is torture or inducement to confess, and informing the parties of their rights and obligations. Family members must not let lawyers speak, such as' let him hold on and not say anything ', as this may hinder testimony and involve the family members themselves. The legal approach is to let the lawyer understand the case, determine which facts are beneficial to the parties, and then present them to the investigating authority through legal opinions.

In terms of meeting frequency, the investigation stage can generally meet once a month, but major and complex cases may be limited. Most detention centers in Shenzhen support lawyers to make appointments for meetings, with materials including lawyer's practice certificate, firm certificate, power of attorney, and proof of family relationship. We usually advise family members to prepare these materials on the day of the commission, instead of waiting until three days before the arrest to find a lawyer, as the appointment schedule may not be available at that time.

Do you still have a chance after being arrested? Don't give up on the necessity review of detention

Being arrested does not mean there is no turning point. According to the Provisions of the People's Procuratorate on the Review of Cases Concerning the Necessity of Detention, the procuratorate shall still review the necessity of detention after the suspect or defendant is arrested. If there is no need to continue detention, the investigating authority should be advised to release or change the coercive measures. In practice, returning stolen goods and compensation, obtaining forgiveness, changes in medical materials, and case evidence are all the starting points for initiating the necessity review of detention.

In terms of time, the review of the necessity of detention is generally effective about one month after arrest. The Shenzhen procuratorial organs have a criminal justice policy orientation of less arrest, cautious prosecution, and cautious detention for cases involving enterprises. This orientation will continue in 2026, but its specific application depends on the charges, amount, attitude towards confession and punishment, and the situation of compensation refund. If the amount involved in shareholder related cases is not large and can be fully refunded, there is room for non prosecution or probation, but this is a case by case judgment and cannot be generalized.

Three pitfalls that family members should not step into themselves

The first pitfall is asset transfer. After the shareholder is criminally detained, the family members are eager to transfer the money from the company's account, which may be considered as concealing or concealing criminal proceeds, or as obstructing the investigation. The family members themselves may also be subject to compulsory measures. The second pitfall is finding connections to attract people. Shenzhen has made significant efforts to crack down on judicial brokers. Spending money to find connections may not only lead to fraud, but also constitute bribery. The third pitfall is procrastination. In the golden 37 days, the first 30 days are the period of public security investigation, and the last 7 days are the period of procuratorate review and approval of arrest. Any delay in this period will reduce the chances of being released on bail.

If family members are facing a series of issues such as company operations, debt disputes, employee placement, etc. at the same time, it is recommended to separate criminal defense and civil and commercial handling and not discuss them together. The practice of Guangdong Zhiming Law Firm is that the criminal team is responsible for meeting and obtaining bail, while the company's business team is led byShenzhen equity lawyerSynchronize the handling of equity and debt to avoid neglecting one aspect over the other. For major and difficult cases, you can also refer to the selection criteria mentioned in the "Shenzhen Courts Annual New Cases Exceeding 600000, Are There Many Lawyer Cases in Shenzhen? Reputation" section, focusing on whether the handling lawyer has practical experience in similar cases, rather than relying on promotional language.

The earlier the lawyer is appointed, the better

The earlier one intervenes in the defense of criminal cases, the more advantageous it is. During the investigation stage, lawyers have the right to meet, submit legal opinions, and apply for bail. Although these rights also exist during the review, prosecution, and trial stages, their effects are different. Submitting the opinion of not approving arrest before approval is usually more successful than applying for a necessary review of detention after approval. We generally recommend that family members contact a lawyer on the day or the next day of receiving the detention notice, and not later than the 30th day after detention.

When entrusting, it is necessary to sign a formal agency contract, clearly identify the fee items and the name of the handling lawyer, and do not transfer money to personal accounts. Legitimate law firms will issue invoices, and the contract will specify the service stage. If there are economic difficulties, those who meet the conditions can apply for legal aid, but the number of cases handled by legal aid lawyers is large, and whether enough time can be invested varies depending on the case. Family members need to make their own judgments. More legal information can be found in the Legal Information section, which provides updates on various practical perspectives.

Ultimately, when shareholders are criminally detained, there are three things that family members can do: find the right person, prepare all necessary documents, and seize time. 37 days is not a scary number, it is a real legal deadline. Aligning the conditions of Article 67 of the Criminal Procedure Law one by one and preparing evidence of social danger one by one is much more useful than asking for information everywhere.

This article was written by the legal team of Guangdong Zhiming Law Firm. Guangdong Zhiming Law Firm specializes in criminal defense, corporate governance, and civil and commercial dispute resolution. If you need specific case consultation, you can call the consultation hotline at 0755-25986969 to schedule an interview.

Disclaimer: The content of this article is a general sharing of legal information and does not constitute a legal opinion or commitment to the outcome of any specific case. The handling results of criminal cases are influenced by multiple factors such as evidence, charges, amount, attitude towards confession and punishment, and the discretion of the investigating authorities. Please be sure to entrust a practicing lawyer to evaluate the case situation in person. Any decisions made by readers based on the content of this article shall not be held legally responsible by Guangdong Zhiming Law Firm.