Family member suddenly detained in criminal custody? 4 key Q&As you must grasp for bail pending trial during the golden 37 days

Mr. Zhang from Longhua, Shenzhen, received a call from the police station in the middle of the night: his wife had been criminally detained for her company's suspected involvement in falsely issuing VAT invoices. He did not sleep all night. Early the next morning, when he arrived at Guangdong Zhiming Law Firm, his voice was trembling: "She has been taken away for more than 24 hours, and I do not even know which detention center she is in. Is there still a chance for her to get out?" We encounter this kind of scenario almost every week. When a family member is suddenly criminally detained, the first 37 days are the critical window that determines whether the next step is release on bail pending trial or continued detention — but most people do not know what can be done during this period or how to do it. The following 4 frequently asked questions are directly related to whether the person can be "pulled out."

Q1: What exactly does the so-called "golden 37 days" mean? Does it mean that after 37 days, bail is definitely not possible?

It's not that after 37 days there is absolutely no chance, but rather that these 37 days are the golden period for defense lawyers to intervene and strive for release on bail pending trial. According to Article 89 of the Criminal Procedure Law, if a public security organ believes that a detained person needs to be arrested, it shall submit a request to the procuratorate for review and approval within 3 days after detention; under special circumstances, this period may be extended by 1 to 4 days; for major suspects involved in fluid crimes, repeated crimes, or joint crimes, it may be extended to 30 days. After receiving the request, the procuratorate has 7 days to decide whether to approve the arrest or not — 3+30+7=40 days, but in practice, the first 37 days (the public security organ's 30-day submission period plus the procuratorate's 7-day review period) are generally regarded as the most critical juncture.

Real dataThe arrest approval rate for criminal cases in the Shenzhen region is approximately 85%, meaning that most individuals are directly referred for arrest during the public security stage. However, after lawyers intervene by submitting a "Legal Opinion on Non-Approval of Arrest" and communicating face-to-face with prosecutors, the success rate of obtaining bail pending trial can increase by threefold. Data from Guangdong Zhiming Law Firm shows that in 2023, for criminal detention cases we represented where effective opinions were submitted within 37 days, the bail success rate reached 62%, far exceeding Shenzhen's average of around 25%.

Q: If we're arrested after 37 days have passed, does that mean there's no hope?
Answer: No. After arrest approval, one can apply for a review of the necessity of detention (Article 95 of the Criminal Procedure Law), but the difficulty increases significantly. Therefore, it is crucial to make every effort within the 37-day period.

Q2: A family member has just been taken away, and we don't even know the charges. What should the family do first?

The first step is not to seek connections everywhere, but to immediately find out three pieces of information: which detention center the person is held in, what charges they are suspected of, and the contact information of the case-handling unit and the officer in charge. This information can usually be found on the "Detention Notice" issued by the police station — but many families have to wait 3-5 days for the notice, so it is recommended to go directly to the police station handling the case and ask in person. Keep your attitude calm and rational, and do not say things like "find connections" or "pay to get someone out," as this can easily cause resentment or even be deemed as obstructing justice.

Specific caseIn 2022, Li, an executive at a technology company in Futian, Shenzhen, was criminally detained by the Nanshan Branch for suspected "bribery by a non-state functionary." Within 24 hours, his family entrusted Zhiming Law Firm. Lead attorney Shen Longjin and his team met with Li the same day and discovered that although the amount involved reached 800,000 yuan, Li had passively accepted the money and had fully returned it, and his company was willing to issue a letter of understanding. On the fifth day, the attorney submitted a "Opinion on Not Approving Arrest" to the procuratorate, citing Article 163 of the Criminal Law and the Supreme People's Court's sentencing guidelines, which provide that "active restitution of illicit gains and obtaining forgiveness may lead to lighter punishment." On the twelfth day, the procuratorate decided not to approve the arrest, and Li was successfully released on bail pending investigation. Subsequently, after defense efforts, the procuratorate issued a decision not to prosecute—the entire case, from criminal detention to non-prosecution, took only 87 days.

Q3: What conditions must be met for obtaining bail pending trial? What are the situations with the highest success rate?

Article 67 of the Criminal Procedure Law stipulates four circumstances under which release on bail pending trial may be granted: where the offender may be sentenced to public surveillance, criminal detention, or the independent application of supplementary punishments; where the offender may be sentenced to fixed-term imprisonment or a heavier penalty, and the granting of release on bail pending trial would not create a danger to society; where the offender is suffering from a serious illness, is unable to take care of themselves, is pregnant, or is nursing her own infant, and the granting of release on bail pending trial would not create a danger to society; and where the period of custody has expired, the case has not yet been concluded, and release on bail pending trial is necessary.

Situations with a high success rate.In Shenzhen practice, the following situations have a significantly higher probability of obtaining bail: first, a relatively low amount involved (for example, embezzlement of less than 100,000 yuan); second, voluntarily surrendering to authorities; third, returning illicit gains or making restitution and obtaining the victim's forgiveness; fourth, major flaws in the evidence (for example, only a single piece of evidence); fifth, cases involving "non-violent crimes" such as those committed by enterprise managers or technical personnel with no prior criminal record. Conversely, repeat offenders, those involved in gang-related crimes, violent criminals, and individuals with a risk of flight are basically not granted bail.

Question: If a company is suspected of a crime, but the employee is just an ordinary worker and unaware, can they also get bail?
Answer: Yes. "Lack of knowledge" or "official conduct" are important defense points. For example, if a company is suspected of contract fraud, but the warehouse supervisor only shipped goods according to orders, the lawyer can submit their job responsibilities, salary records, chat logs, etc. to prove they had no subjective intent, with a high success rate. Zhiming Law Firm once applied for bail for six ordinary employees of a foreign trade company in Shenzhen at the same time, and all succeeded, because the procuratorate determined that they "lacked joint criminal intent."

Q4: Is it actually useful to hire a lawyer? Does your law firm have any special methods?

Whether it works, look at two statistics: in Shenzhen, for criminal cases without a lawyer, the bail rate within 37 days is less than 10%; after hiring a professional criminal defense lawyer, this figure can exceed 50%. What lawyers can do includes: meeting the client promptly (understand the case, calm emotions, remind of risks in confession), reviewing case files (assess the solidity of evidence), communicating with the handling agency (submit legal opinions, apply for change of compulsory measures), and even proactively investigating and collecting evidence (such as obtaining surveillance footage, finding witnesses).

Guangdong Zhiming Law Firm has been deeply rooted in Shenzhen for 26 years, handling over 10,000+ cases cumulatively. The firm's director, Attorney Shen Jinlong, holds a master's degree from Fudan University and is an economist, with 22 years of practicing experience and a prior career as a senior executive at a state-owned enterprise. Zhiming's独创 "Artistic Litigation Method" is centered on "using evidence chains against investigation chains, and leveraging procedural justice to compel substantive justice." For example, within 37 days, we will: ① Complete the first meeting within 24 hours; ② Submit the "Lawyer's Opinion Letter" within 3 days; ③ Communicate face-to-face with the prosecutor within 7 days; ④ If procedural violations are found, immediately file a complaint or accusation—this approach has proven highly effective in commercial crime, duty-related crime, and economic crime cases.

If you are experiencing the panic of a family member being suddenly taken away, don't rush around blindly. Call us directly at 0755-25986969, or come to our office in person at Room 1802, Tower A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen for a consultation. Remember: the golden 37 days — every day is counting down.

Summary and SuggestionsIn criminal cases, there is no such thing as "absolutely foolproof," but a professional lawyer can minimize uncertainty to the greatest extent. Do not blindly trust in "pulling strings," do not privately destroy evidence, and do not easily believe verbal promises like "pay restitution and you'll go home." Entrusting a lawyer at the earliest opportunity is the most responsible choice for your family.