Family suddenly detained, four things family members need to do within 37 days

Mr. Zhang from Longhua, Shenzhen received a phone call from the police station in the early morning: his wife has been criminally detained on suspicion of falsely issuing value-added tax special invoices by the company. He stayed up all night and arrived at Guangdong Zhiming Law Firm early the next morning, his voice trembling: 'The person has been taken away for more than 24 hours, and I don't even know which detention center she is in. Is there still a chance?' We encounter such scenes almost every week. The family members were suddenly detained, and the first 37 days were a crucial window for deciding the next steps, but most people didn't know what they could do during this period.

Q1: What does "Golden 37 Days" mean? Once it's over, you definitely won't be able to get bail?

It's not that there won't be a chance after 37 days, but these 37 days are a critical period for defense lawyers to intervene and strive for changes in coercive measures.

According to the Criminal Procedure Law, if the public security organ deems it necessary to arrest a detained person, it shall submit a request to the procuratorate for examination and approval within 3 days after detention; In special circumstances, it can be extended by 1 to 4 days; For major suspects who commit crimes by wandering, committing multiple crimes, or committing crimes in groups, the deadline can be extended to 30 days. After receiving the request, the procuratorate shall make a decision to approve or not approve the arrest within 7 days. In practice, the 30 day public security application period and the 7-day procuratorate review period are usually considered the most critical stages.

The proportion of criminal cases approved for arrest in Shenzhen is relatively high, and most people are requested for arrest during the public security stage. What lawyers can do after intervention is to submit legal opinions on not approving arrests, communicate with the handling prosecutor, and place favorable facts and evidence in front of the case file. The effectiveness of these three things depends on whether the intervention is early or not, whether the materials are solid or not, rather than how many words are spoken.

Question: If you have already been arrested, is there no hope?
Answer: No. After being arrested, one can also apply for a review of the necessity of detention, but the difficulty significantly increases. So the work needs to move forward.

Q2: If you don't even know the charges, what should you do first?

The first step is not to rely on connections, but to clarify three pieces of information: where the detention center is located, what charges are suspected, and who the investigating unit and handler are. These pieces of information are usually on the detention notice, but many family members have to wait for 3 to 5 days to receive them. You can directly go to the investigating police station for face-to-face questioning, with a calm and rational attitude. Do not say things like "finding connections" or "spending money to get people", which can easily cause resentment and may also be considered as obstructing the investigation.

After receiving the information, please entrust a lawyer to meet as soon as possible. A meeting is not about passing on information, but about understanding the case, verifying facts, informing about rights and obligations, confirming whether one has been tortured to extract a confession, and bringing the concerns of the family to the meeting.

For example, in 2022, Li, a senior executive of a technology company in Futian, Shenzhen, was criminally detained by the Nanshan Branch on suspicion of accepting bribes from non-state personnel. His family entrusted a lawyer within 24 hours. The lawyer met on the same day and learned that although the amount involved in the case was 800000 yuan, Li had passively accepted it and had already fully refunded it. The company was also willing to provide forgiveness materials. On the 5th day, the lawyer submitted the opinion of not approving the arrest to the prosecutor's office. On the 12th day, the prosecutor's office made a decision not to approve the arrest, and Li was released on bail pending trial. After the subsequent defense, the prosecutor's office made a decision not to prosecute, and the entire case was held for 87 days from criminal detention to non prosecution.

Q3: What conditions must be met for release on bail pending trial?

The Criminal Procedure Law stipulates four situations: those that may be sentenced to public surveillance, detention, or independent application of additional penalties; 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, and bail pending trial is required.

In practice, situations that are relatively easy to obtain support include: low amount of money involved, voluntary surrender, return of stolen goods and compensation and obtaining forgiveness, obvious gaps in evidence, non violent crimes committed by enterprise leaders or technical personnel without criminal records. On the contrary, repeat offenders, those involved in organized crime, violent crimes, and those at risk of escape are generally not eligible for bail.

Q: Can employees who are just ordinary workers and unaware of the company's suspected crime still be released on bail?
Answer: Sure. 'Ignorance' and 'job-related behavior' are important defense directions. For example, if a company is suspected of contract fraud and the warehouse supervisor only ships according to orders, the lawyer can submit job responsibilities, salary statements, and chat records to prove that there is no joint criminal intent. Zhiming Law Firm once applied for bail for six ordinary employees of a foreign trade company in Shenzhen, but the prosecution determined that they did not have joint criminal intent.

Q4: What can lawyers do?

Four things are all within the program:

• See you.Understand the content of the parties' statements, indicate the risks of oral testimony, and stabilize emotions.
• Marking and communication.After the case is transferred for review and prosecution, the case file can be consulted to determine whether the evidence is solid, and written opinions can be submitted to the investigating unit.
• Apply for a change in mandatory measures.Submit applications for release on bail pending trial, opinions on not approving arrest, and applications for review of the necessity of detention.
• Conduct a self investigation.Retrieve surveillance footage, search for witnesses, collect documentary evidence, and establish facts favorable to the parties involved.

Lawyer Shen Jinlong, Director of Guangdong Zhiming Law Firm, holds a Master's degree and is an economist from Fudan University. He has previously served as a senior executive in state-owned enterprises and has handled a large number of cases related to commercial crimes, job-related crimes, and economic crimes. The routine actions of the team within 37 days are: completing the first meeting within 24 hours, submitting legal opinions within 3 days, and communicating face-to-face with the handling prosecutor within 7 days; If any program is found to be illegal, promptly file a complaint or accusation.

A few don'ts: Do not blindly believe in "finding relationships", do not destroy any materials without authorization (which may constitute a new crime), and do not easily believe verbal promises of "returning home with compensation". Refund is a mitigating circumstance, not a certificate of exemption.

If you are currently experiencing this, you can directly call 0755-25986969 or go to Room 1802, Building A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen for a face-to-face meeting. Golden 37 days, walking every day.