An executive at a company in Shenzhen was detained on the 9th day. His family did one thing right, and within 37 days, he was successfully released on bail pending trial.

It was an afternoon last autumn when a woman walked into Guangdong Zhiming Law Firm, her face pale and her hands trembling. Her husband was the vice president of a tech company in Nanshan, Shenzhen, and had been taken away by police the previous night on charges of "suspected embezzlement." At the time, she didn't even know where her husband was being held, only receiving a detention notice that read "suspected of committing a crime." She asked me, "Lawyer Shen, will he be able to get out?"
In my 26 years of practice, I have been asked this question countless times. Today, I will break down this case in full detail, hoping to offer some direction to families going through the same panic.
Many people, when panicked, rush to pull strings and find connections to "get someone out," only to end up spending money, wasting time, and possibly even harming their family. Others do nothing at all, just waiting for the "automatic release after 37 days"—this is the biggest misconception.
Criminal detention is not administrative detention, and there is no such thing as "automatic release upon expiration." Shenzhen's approval rate for arrests has long remained around 85%, which means that if family members and lawyers take no action during the golden 37-day window, the vast majority of suspects will be approved for arrest by the procuratorate, followed by a lengthy process of investigation, prosecution, and trial. Once an arrest is approved, the difficulty of obtaining bail pending trial doubles immediately.
Back to that case. I went to the detention center to meet with the client the very same day. Keep in mind, a lawyer's visit isn't just for a chat—it's about three things: first, confirming the suspect's physical condition inside and whether there's been any torture or coercion; second, finding out how much evidence the police have gathered so far and whether the alleged facts hold up; third, conveying the family's concern and giving the suspect some reassurance—the biggest fear for those inside is feeling that "no one outside cares about me."
In this case, the police accused him of using his position to transfer a company payment of 860,000 yuan into an account under his control. On the surface, the evidence seems conclusive, but I asked him three questions: Was this money used for company business? Did you leave any records in the financial accounts? Did the company have any oral or tacit practice of maintaining "off-book funds"?
He replied that the money was used to pay client kickbacks that the company could not record in its accounts. There were notes in the books, but they were listed under the heading of "business reserve funds." This left room for defense. The crime of embezzlement as defined in Article 271 of the Criminal Law hinges on the core element of "intent to unlawfully possess." If the money was indeed used for company affairs, even if the procedures were non-compliant, it would only constitute a violation of rules and discipline, not a criminal offense. A distinction must be made here between "illegality" and "criminality"—the former is handled internally by the company, while the latter requires the exercise of the state's penal power.
On the day the meeting ended, I did two things: first, I submitted a "Application for Release on Bail Pending Investigation" to the investigative authorities, citing the grounds that there was no criminal fact and no social danger; second, I had the family promptly gather evidence such as the company's off-book fund flows over the years and signed receipts for customer kickbacks. This step was crucial—the family was not to wait idly, but to serve as the lawyer's "field agents."
After the application was submitted, the investigative authority's initial response was that "the case is still under investigation and cannot be disclosed." This is common in Shenzhen, where the police are very cautious about approving bail during the investigation phase, especially in cases involving economic crimes, as they fear the suspect may collude with others or transfer assets.
But on day 15, we obtained key evidence: records of "off-book funds" from the company's past three years, showing multiple expenditures for similar purposes, all signed by the general manager. What does this indicate? It shows that the use of this money was a company-sanctioned practice, not personal embezzlement. We immediately submitted the supplementary materials along with a legal opinion, citing the Supreme Court's judicial interpretation on the "intent of illegal possession" in the crime of embezzlement, pointing out that this case is a typical instance of "corporate regulatory violation" rather than an individual crime.
On day 21, the investigation authority notified us that the case had been submitted to the procuratorate for review of arrest approval. At this point, we entered the true sprint phase of the "golden 37 days." We immediately submitted a "Legal Opinion on Non-Approval of Arrest" to the procuratorate and requested an in-person meeting with the handling prosecutor. Let me add a note here: many family members are unaware that the arrest review stage is the "golden window" for lawyer intervention, because prosecutors are more neutral than investigators and more willing to listen to defense arguments.
Ultimately, on the 31st day, the procuratorate issued a decision not to approve the arrest, and the public security organ changed the compulsory measures to bail pending further investigation the following day. On the day he was released, his wife collapsed in tears at the entrance of the Futian Detention Center, unable to stand. Later, after the case was returned twice for supplementary investigation, the prosecution ultimately issued a decision not to prosecute. He kept his job and saved his family.
This result is not a miracle, but rather every step hitting the mark. Although the arrest approval rate for criminal cases in Shenzhen is high, if a lawyer intervenes within the golden 37-day window, the success rate for obtaining bail pending trial can increase by about threefold—this isn't something I made up off the top of my head; it's real data from industry statistics. The key isn't about "pulling strings," but about "finding the right legal fulcrum, submitting the right materials in the right way at the right time."
If a family member is taken away, remember three "don'ts": don't panic, don't rush to find people, and don't wait. Contact a professional criminal defense lawyer immediately, and have the lawyer meet with them within 24 hours. The earlier the intervention, the more room there is to maneuver. Especially in cases where a company is suspected of crimes (such as illegally absorbing public deposits, embezzlement, falsely issuing VAT invoices, etc.), an individual is often just "one link in the chain." Whether they are classified as a principal offender, an accomplice, or an innocent party caught up in the case makes a huge difference in legal determination, and it directly affects whether they can be released.
Answer: Yes, it is possible, but the success rate is extremely low. Family members are unfamiliar with the case details and do not know which evidence can be submitted or what should not be said, making it easy for them to inadvertently "do more harm than good" during statements or communications. The significance of a lawyer's involvement lies in being able to quickly assess whether the case has been properly characterized and to identify sufficient legal grounds for "refusing arrest."
Answer: It's not that there's no chance, but it will be much harder. After an arrest is approved, to obtain bail pending trial, new circumstances need to arise, such as changes in evidence, the suspect falling ill, or the investigation period expiring. So, don't pin your hopes on "later"—the first 37 days are the critical window that determines the direction of the case.
I am Shen Jinlong (chief lawyer, practicing for 26 years) from Guangdong Zhiming Law Firm. We have represented a large number of criminal defense cases in Shenzhen, including embezzlement of position, illegal fundraising, smuggling, fraud, and others. If your family member is facing criminal charges, you are welcome to visit us at Room 1802, Tower A, Xintian Century Business Center, Shixia North Second Street, Futian District, or call 0755-25986969. Let's first clarify the situation before deciding the next steps. When it comes to legal matters, the real fear is "acting blindly out of ignorance."