A senior executive of a company in Nanshan, Shenzhen has been taken away. Three things that family members can do in 37 days

On a Friday evening in November last year, Ms. Lin, the financial director of a company in Nanshan Science and Technology Park, Shenzhen, received a phone call saying that her husband, the vice president of an electronic components company, had been taken away by police from another city. The other end of the phone only said 'suspected of issuing false value-added tax special invoices' and hung up. Ms. Lin later said that she searched through her phone address book that night and was still searching for "which Shenzhen criminal lawyer is reliable" at 3am. The more she searched, the more chaotic it became.

The next morning when she came over, she only had a copy of the detention notice in her hand, stamped with the seal of a public security bureau from a certain county in another province. She was suspected of the crime of issuing false value-added tax special invoices, and the preliminary amount involved was over four million yuan. The first sentence she asked was not 'Can one be innocent?' but 'When can a person come out?'

This question is actually asking about the golden 37 days.

How did 37 days come about

Criminal detention to the prosecutor's office for arrest, with a maximum of 37 days. During these 37 days, the public security organs need to apply to the procuratorate for arrest approval, and the procuratorate has a period of review time. Once arrested, the difficulty of obtaining bail or not prosecuting will significantly increase. The approval rate for criminal cases in the Shenzhen area has always been high, and formal arrest after being detained is a common result. This is also why there is a significant difference in whether lawyers have been involved in these 37 days.

Ms. Lin's husband's case was scheduled for a meeting that afternoon. The first thing to do after taking over is not to write a bail application, but to first clarify three things: whether the real transaction corresponding to the involved invoice exists, the position of the parties in the company's decision-making chain, and whether there is a possibility of actively paying taxes.

During the meeting, the party involved mentioned a detail: he had signed the purchase contract corresponding to the four million yuan invoice, but he had not seen the actual receipt and logistics documents of the goods. This information is crucial. The crime of issuing false value-added tax special invoices depends on whether there is a real transaction of goods and whether it has caused national tax losses. If the transaction is genuine but the invoicing is not standardized, the legal qualification may be completely different. The Criminal Law has provisions for the conviction and sentencing of false issuance of special invoices, but judicial interpretations also leave room for loophole - if the purpose is not to defraud tax credits and no tax losses are caused, it does not constitute this crime.

In the next two weeks, the team did several things: retrieved the procurement and warehousing records from the company's ERP system, found the logistics company's receipt vouchers, and organized the email correspondence between the parties involved and the procurement department. At the same time, a legal opinion not to approve the arrest was submitted to the investigating authorities, accompanied by dozens of pages of evidence materials, focusing on three points: the existence of real transactions, the lack of responsibility of the parties for specific procurement execution, and the company's willingness to cooperate in making up for possible tax differences involved.

On the 34th day, the prosecutor's office made a decision not to approve the arrest, and the person in question left the detention center that evening. Not approving arrest is just the first step, followed by transfer for review and prosecution. After several months, the case was finally decided not to prosecute. It should be noted that this is a case, and the outcome depends on the evidence, charges, amount, and judgment of the investigating authorities, and cannot be extrapolated to other cases.

What does this case rely on

It's not about relationships, it's about clarifying the chain of evidence and business logic within 37 days. The prosecutor also makes judgments based on the materials: whether the materials you provide can help him quickly grasp the three points of "this transaction is true, this person is not the main culprit, and the social danger is not high", which directly affects whether he approves the arrest or not.

Some family members may ask: Do all criminal detention cases require hiring a lawyer? Suggest dividing the situation. If the amount involved is small, the parties involved are only witnesses, or it is obvious that a civil dispute is being filed as a criminal case, you can wait and see for now. But if the company's executives, financial managers, and technical core personnel are taken away, or if the charges involve false statements, illegal absorption of public deposits, fraud, or embezzlement of positions, and the lawyer does not intervene for 37 days, they will be very passive in the future.

A sentence spoken by a family member during a transcript may affect their direction

Another point that is easily overlooked is what the family members said when called to take a transcript, which may directly affect the direction of the case. Ms. Lin was asked by the investigators at the time, 'What is your husband usually responsible for?' She almost blurted out, 'He manages everything in the company.'. Fortunately, we communicated in advance and she changed it to 'He doesn't directly manage procurement and sales, I'm not sure about the specific business'. This is not teaching people to tell lies, but to prevent family members from making exaggerated speculations without understanding the case. The statements of witnesses and family members should be truthful, and if they are unclear, they cannot be explained clearly. Do not "complete" the facts for the parties involved.

The appointment process for meetings at several detention centers in Futian, Nanshan, and Longhua, Shenzhen is different. Some require several days in advance, while others can be scheduled on the same day. For cases where police officers from other places come to Shenzhen to bring people, their families often do not even know where they are being held. The earlier we investigate the detention location, the better. If you cannot find it, you can ask the investigating unit with your ID card and proof of family relationship, or you can have a lawyer present the necessary documents to inquire.

The three most common mistakes made by family members

One is to transfer money. Hurriedly transferring company account funds may be considered as concealing or concealing criminal proceeds, or as obstructing investigations. The second is to find relationships. The probability of being cheated is not low, and in severe cases, it may even constitute bribery. The third is dragging. During the 37 day period, the first stage is for investigation, and the second stage is for review and approval of arrests. Any delay in any stage will result in fewer things that can be done.

Ms. Lin later said to me, 'During those 37 days, I counted my days every day, but at least I knew someone was doing something and had direction.' If you or your family are facing a similar situation, first sort out the detention notice, the amount involved, and the company's business situation, and then talk to a lawyer. Communication efficiency will be much higher.

This article is compiled by Guangdong Zhiming Law Firm as a reference for legal education, with different case situations. The outcome of criminal cases is influenced by evidence, charges, amount, attitude towards confession and punishment, and the discretion of the investigating authorities. For specific issues, please entrust a practicing lawyer to evaluate in person.