What if my family members are detained? The 37 day process of criminal cases in Shenzhen

"At 3 a.m., Ms. Wang of Futian, Shenzhen, received a phone call from the police station, saying that her husband had been taken away because of suspected encroachment. When she rushed to Guangdong Zhiming Law Firm, it was not yet dawn. This is the most common consultation scenario in Shenzhen criminal defense: families often receive a detention notice 48 hours later, and by this time, the case handling authority may have completed the first round of interrogation."

Question: What should family members do when a person has just been taken away?

Answer: First, check three pieces of information - which detention center you are in, what charges you are suspected of, and which branch the investigating unit is from. Taking Shenzhen as an example, suspects in Futian District are mostly detained in Futian Detention Center, while those in Nanshan District are mostly detained in Nanshan Detention Center. After confirming the information, it is better to entrust a lawyer to meet as soon as possible. This step should be initiated as early as possible after detention.

According to the relevant provisions of the Criminal Procedure Law, the suspect has the right to entrust a defender since the date of the first interrogation or the adoption of compulsory measures by the investigation organ, and the family members can be employed on behalf of him. This right does not require waiting for notification or for the case to become clear.

1、 Why is 37 days repeatedly mentioned

The proportion of arrests approved by the Shenzhen Procuratorate has been at a relatively high level for a long time, which means that most of the people who are detained will be approved for arrest. Once the arrest is approved and the case continues to be investigated, the resistance to changing the coercive measures in the future will significantly increase.

The 37 day detention period consists of two statutory milestones: a maximum detention period of 30 days (applicable to crimes committed in a mobile manner, multiple times, or in groups), and a maximum detention period of 7 days after being reviewed and approved for arrest by the prosecutor's office. During this period, defense lawyers can do three practical things:

• Meet immediately to understand the content of the interrogation and the statements of the parties involved;
• Analyze whether there are circumstances of innocence or misdemeanor, and determine the nature of the case;
• Submit a legal opinion to the prosecutor's office stating that arrest will not be approved, and present favorable facts to the investigators.

Lawyer Shen Jinlong, the director of Zhiming Law Firm, took over a case involving a senior executive of Nanshan Enterprise. The party was criminally detained due to issues with the company's accounts, and the family entrusted the case on the fifth day of detention. The lawyer reviewed all the financial statements and found that a considerable portion of them were normal business transactions. In the final stage of reviewing and approving arrests, the prosecutor's office made a decision not to approve arrests, and the parties left the detention center on the 37th day.

"Q: What did the lawyer meet with the main person to talk about? Can you help the person with the confession?"

Answer: It's not a confession reversal. The meeting focused on four things: verifying the facts of the case, informing the legal consequences, confirming whether there was torture to extract confessions, and conveying the concerns of the family. According to the relevant provisions of the Criminal Procedure Law, defense lawyers can meet with three certificates (lawyer's certificate, law firm introduction letter, power of attorney), and the meeting will not be monitored.

Special reminder to family members in Shenzhen: Do not easily believe in so-called 'relationship operation'. Zhiming Law Firm has come into contact with many family members who have been deceived due to seeking connections. The money has gone out, but the person has not, and the case has missed the best opportunity. In criminal cases, time is more valuable than relationships.

Q: What conditions must be met for release on bail pending trial? Is there no hope for non local household registration?

Answer: The investigating authorities mainly review three aspects: whether it is possible to impose control, detention, or independently apply additional penalties; Whether there is social danger; Whether to plead guilty and accept punishment, and return the stolen goods and compensation.

Shenzhen is indeed more cautious in the examination of registered residence, but it is not without space. In 2023, a theft case was handled by Zhiming Law Firm in Longhua District. The parties involved were of Hunan nationality and had no fixed residence. The lawyer submitted guarantees from relatives and friends in Shenzhen, work certificates, and residence registration, along with a deposit, and was released on the 14th day. According to the relevant provisions of the Criminal Procedure Law, bail pending trial can be obtained through the use of a guarantee deposit or a guarantor, and the public security, procuratorate, and court have the right to decide on those who meet the conditions.

In practice, the reasons that are easily accepted are usually very specific: having a fixed residence, a stable job, having family members in need of care, a small amount of money involved, willingness to refund, and no criminal record. These all require evidence to support them, not just writing a paragraph.

Question: After the prosecutor's office does not approve the arrest, does the case end?

Answer: No. Not approving an arrest usually means changing the coercive measure to release on bail pending trial, while the case is still under investigation. The procuratorial organs sometimes return cases for supplementary investigation on the grounds of "insufficient evidence to warrant arrest", and the investigation period can be further extended. If solid evidence cannot be found in the future, the public security will proactively withdraw the case; If confirmed, the case will be transferred for prosecution.

The smuggling case of a foreign trade company in Futian, represented by Zhiming Law Firm, involved three employees who were not arrested during the arrest process. After multiple communications between the lawyer and the investigating unit, the public security voluntarily withdrew the case before the investigation period expired, and the three employees received a decision to release on bail pending trial. This type of result is not obtained through a single meeting, but through continuous follow-up.

Q: What should family members do if they don't have money to hire a lawyer?

Answer: Every district in Shenzhen has a legal aid center, with Futian District located at 72 Jingtian Road and Longhua District at 2281 Longhua Avenue. Those who meet the criteria for economic difficulties can apply to legal aid institutions for the appointment of lawyers. The Law on Legal Aid stipulates that if a suspect or defendant does not entrust a defender due to economic difficulties or other reasons, he or she and his close relatives can apply. Assisting lawyers usually involves a large number of cases, and the time available for investment is limited; If there is room for dispute in the case, the family members can assess whether to delegate it separately.

The last few sentences

The direction of criminal cases often lays the groundwork in the first few days. The detention notice stating 'suspected of XX crime' does not represent a definitive verdict. Lawyer interviews, legal opinions, and applications for refusal of arrest are all trying to buy time for each document and leaving records for the subsequent defense.

Three things that family members can do: confirm information, delegate as soon as possible, and do not destroy any materials. Leave the rest to the program.

Guangdong Zhiming Law Firm is located at Room 1802, Building A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen, with a telephone number of 0755-25986969.