Family member taken away by Shenzhen police — how to save them during the golden 37 days? Lawyer explains the 3 opportunities before arrest approval

Last Wednesday at 11 PM, a woman called our law firm, her voice trembling—her husband was the vice president of a tech company in Nanshan, and he had been taken away that afternoon by the Longhua Economic Crime Investigation Brigade, suspected of falsely issuing value-added tax invoices. She asked only one question: Can he still get out?

I answer this question almost every week. In Shenzhen, when a family member is suddenly taken into criminal detention, the family's first reaction is usually panic, then frantically pulling strings and reaching out to acquaintances. But what can truly save someone isn't connections—it's time. To be precise, it's the 37 days between criminal detention and the procuratorate's decision on whether to approve arrest, commonly known in legal circles as the "Golden 37 Days."

Skip the fluff today — I’ll give you clear, thorough answers to the questions family members ask most, all in one go.

Question: A person has been taken away for 37 days—does that mean they will definitely be sentenced?

No. These 37 days are not a countdown, but a window period. According to Article 91 of the Criminal Procedure Law, if the public security organ considers arrest necessary after detention, it shall request the procuratorate to review and approve within 3 days; this period may be extended by 1 to 4 days under special circumstances; for suspects who commit crimes by roaming from place to place, repeatedly, or in groups, the time for requesting approval of arrest may be extended to 30 days. After receiving the request, the procuratorate has a 7-day review and decision period. 3+4+30+7 equals a maximum of exactly 44 days, but in practice the most common combination is "30+7", which is what family members commonly call the golden 37 days.

Why is this stage critical? Because at this point the case is still in the investigation phase, the evidence has not been fully secured, and the procuratorate's decision on whether to approve arrest depends largely on the defense opinions submitted by the lawyer. The overall arrest approval rate for criminal cases in Shenzhen is around 85%, but note the other side of this figure—out of every 100 people, 15 are kept out of the detention center before arrest approval. After a lawyer gets involved, the success rate of obtaining bail pending trial can increase by about threefold. To put it bluntly, before arrest approval is the easiest window to rescue someone.

Question: What can a lawyer actually do? Isn't it just one meeting?

This is the biggest misunderstanding. The meeting is only the first step, and it is a foundational one. Let me give you an example of a case we handled.

Last year, the operations director of a cross-border e-commerce company in Futian was criminally detained on suspicion of smuggling ordinary goods. By the time the family found us, the person had already been taken away for five days. When Senior Partner Shen Jinlong took over the case, his first step was to meet with the detainee—but such a meeting was not about passing cigarettes or delivering meals; it was to accomplish three things: First, confirm whether the client had been subjected to torture or coerced confession, and whether the recorded statements were consistent with the facts; second, understand his position in the company's decision-making chain—whether he was an executor or a decision-maker, as this directly determines the finding of mens rea; third, guide him on how to cooperate with subsequent interrogations to avoid making careless statements under pressure that could expand the scope of prosecution.

After the meeting, Lawyer Shen took two actions: first, submitting an application for release on bail pending trial to the investigative authorities, citing that the client was a first-time offender, had a good attitude toward admitting guilt, and posed no social danger; second, proactively organizing a list of evidence regarding the company's internal approval process, demonstrating that the client was merely following procedures rather than being a mastermind. On the 29th day, the procuratorate issued a decision not to approve arrest, and the client was released. Two months later, the procuratorate issued a decision not to prosecute on the grounds of "unclear facts and insufficient evidence."

This case succeeded not by luck, but because every step was taken at the right moment. During the golden 37 days, a lawyer can do at least four things: meet with the client to stabilize their emotions, submit a bail application, communicate opinions with the case-handling unit, and gather evidence or leads supporting innocence or lesser culpability. None of these can be done by family members.

Question: When looking for a lawyer, is the more expensive one always better? Or is one recommended by an acquaintance more reliable?

Neither is it true that the more expensive the better, nor that a referral from an acquaintance is necessarily reliable. Criminal defense is a professional craft—what matters is experience, method, and a sense of responsibility.

How to judge? Three aspects: First, see whether he has handled a large number of similar cases—smuggling, fraud, embezzlement, for example—each charge has completely different defense points; Second, see whether his defense strategy is clear. Chat with him for 10 minutes, and if all he says is "I'll do my best" and "Trust me," without specifically analyzing the doubtful points in your family member's involvement in the case, then it's basically time to find someone else; Third, look at the overall strength of the law firm. Criminal defense often requires team coordination—one person fighting alone can hardly complete all the steps of meeting the detainee, reviewing the case file, and submitting opinions within 37 days.

Take our ZM Law Firm as an example. Rooted in Shenzhen for 26 years, we have handled over 10,000 cases in total. Director Lawyer Shen Jinlong holds a master's degree from Fudan University and is a senior economist with 26 years of legal practice. In his early years, he also served as a senior executive at a state-owned enterprise, giving him keener insight into the business models and internal management processes of cases involving corporate criminal suspicion than purely criminal defense lawyers. The "ZM Art Litigation" system he founded has won dual innovation awards from both the provincial and municipal bar associations. To put it plainly, we never fight an unprepared battle—every step, every piece of evidence, and every timing opportunity is governed by a proven methodology.

Q: If the 37 days have passed and the arrest has been approved, does it mean all hope is completely lost?

No. Approval of arrest doesn't equal sentencing, but it does indeed raise the bar. After arrest approval, lawyers can apply for a review of the necessity of detention. If the evidence changes or the suspect meets the conditions for release on bail, there is still a chance to get out. It's just that compared to the golden 37 days, the road ahead is longer and more tortuous.

That's exactly why I kept emphasizing to the family: the first 37 days are the period with the highest return on investment. One ounce of effort spent at this stage can be worth ten ounces after approval of arrest. Moreover, attorney fees at this stage are relatively manageable—once the case enters the review and prosecution stage, the workload doubles and the fees naturally rise accordingly.

To be honest, at the end of the day, when a family member is detained, what families fear most is not spending money, but wasting money and going down the wrong path. In Shenzhen, the bail pending trial fees for a professional criminal defense lawyer generally range from tens of thousands of yuan, depending on the complexity and stage of the case. Rather than asking around for "connections," it is better to find a professional lawyer and make full use of the procedural rights granted by law.

If your family member has just been taken away in Shenzhen's Futian, Nanshan, or Longhua districts, or in other cities in Guangdong, don't wait, don't delay. Pick up the phone and call us: 0755-25986969. ZhiMing Law Firm is located at Room 1802, Tower A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen. Come by and have a chat—at the very least, you'll know how to take each next step.

(This article is for legal reference only. Individual cases may vary; please consult a professional lawyer for specific matters. Guangdong Zhiming Law Firm, a 26-year-established law firm in Shenzhen, Tel: 0755-25986969, Address: Room 1802, Tower A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen)