Receiving news that a family member or friend has been arrested in China — whether in Guangzhou, Shenzhen, Beijing, Shanghai, or any other Chinese city — can be a terrifying experience, especially for foreign nationals unfamiliar with the Chinese legal system. The following 15 steps, grounded in China's Criminal Procedure Law [CN official] and practical experience, will help you respond calmly and effectively.
Step 1: Ask to See the Detention or Arrest Warrant
When law enforcement officers come to detain someone, insist on seeing the detention warrant (juliuzheng) or arrest warrant (daibuzheng). If possible, take a photo or make a copy. This document confirms the legal basis for the detention and identifies the law enforcement agency responsible. Without it, you have no way of knowing whether the detention is lawful.
Step 2: Record Officer Information
Write down the officers' unit, names, badge numbers, and contact information. If something seems suspicious, you can call the police yourself to verify their identity — this helps protect against unlawful detention by unknown parties. In Guangzhou, you can contact the local Public Security Bureau (PSB) to verify an officer's credentials.
Step 3: Verify the Arrest with the Authorities (Within 24 Hours)
As soon as possible — ideally within 24 hours — contact the relevant law enforcement unit to confirm they are the ones who made the arrest. Under Article 85 of the Criminal Procedure Law, the family must be notified within 24 hours unless notification would hinder the investigation. For foreign nationals, consular notification obligations may also apply — see our guide on consular notification rights.
Step 4: Find Out Which Detention Center
Ask which detention centre (kanshousuo) the person is being held in. Under Chinese law, the family should receive a written Family Notification of Detention — typically sent by registered mail. In Guangzhou, major detention centres include the Guangzhou No. 1, No. 2, and No. 3 Detention Centres, each serving different districts. Check your mail carefully, and if you do not receive the notification, your lawyer can inquire directly.
Step 5: Determine the Alleged Offence
Ask the authorities what crime or violation the person is suspected of. Understanding the specific charge is essential — it determines the maximum detention period, the potential penalty, and the legal strategy. Common charges against foreign nationals in Guangzhou include drug offences, fraud, DUI, and immigration violations. See our guide to drug offences for more information on one of the most serious categories.
Step 6: Identify the Type of Detention — This Is Critical
There are three types of detention in China:
- Administrative Detention — maximum 15 days (up to 20 days for multiple offences), for minor violations such as disorderly conduct, minor assault, visa infractions
- Judicial Detention — maximum 15 days, court-ordered (e.g., for contempt of court)
- Criminal Detention — this is the serious one. It means the person is suspected of a crime. Criminal detention can last up to 37 days before formal arrest, and the total pre-trial detention can extend much longer under China's criminal detention timeline.
If your loved one is under criminal detention, you need to act immediately. Read our detailed comparison: Administrative Detention vs. Criminal Detention in China.
Step 7: Send Money to the Detention Centre
Most detention centres in China no longer accept clothing or personal items directly. Instead, send money — typically 2,000–3,000 RMB initially — so the detainee can purchase necessities, food, and supplies through the detention centre's commissary. In Guangzhou detention centres, this can usually be done at the detention centre's service window or through online platforms. Your lawyer can advise on the specific procedure for the facility where your loved one is held.
Step 8: Notify Trusted Contacts
Notify the person's employer, embassy or consulate, and trusted relatives or friends. Coordinate efforts. For foreign nationals, the consulate can play an important role — see our article on consular visits for detained foreigners. Having a support network is crucial.
Step 9: Hire a Criminal Defence Lawyer Immediately — Most Important
This is the single most important step. During the investigation phase, only a lawyer can visit the detainee. Family members cannot. A qualified criminal defence lawyer in Guangzhou can:
- Meet with your loved one and verify their physical and mental wellbeing
- Explain the charges and the legal process in their native language
- Provide legal advice and protect their procedural rights
- File complaints or appeals against unlawful treatment
- Apply for bail or residential surveillance where available — see our bail guide for foreigners
- Communicate with the family and consulate about the case status
Step 10: Share Information Strategically
Within appropriate limits, share information about the case to prevent unfair treatment. Be cautious with social media — WeChat, Weibo, and other platforms may be monitored. In some cases, responsible media engagement can help ensure procedural transparency. Your lawyer can advise on what information to share and in what forum.
Step 11: Appoint a Trusted Coordinator — Beware of "Fixers"
Have a trusted family member or friend coordinate efforts and make decisions. Do not trust anyone who claims to have "connections" (guanxi) or promises to "get someone out." These claims are almost always scams that waste money and — worse — cost precious time. Also important: never destroy evidence, interfere with the investigation, or harbour co-suspects. Doing so could lead to criminal charges against you as well.
Step 12: Prepare for a Long Process
Criminal cases in China can take months or even years. The state holds significant power in criminal proceedings — this is not a quick process. Review our criminal case timeline to understand what to expect at each stage, from investigation through trial and appeal.
Step 13: Do Not Compromise Easily If Innocent
If your loved one is genuinely innocent or has a strong defence, do not easily accept pressure to plead guilty or compromise. A skilled criminal defence lawyer can advise on the best strategy at each stage of proceedings. China's criminal appeal process provides opportunities to challenge wrongful convictions.
Step 14: Do Everything You Can, Until the End
Criminal defence in China requires persistence. Outcomes can change at multiple stages: investigation, prosecution review, trial, and appeal. Do not give up prematurely. Each procedural stage is an opportunity for your lawyer to argue for a better outcome.
Step 15: Protect Vulnerable Family Members
As much as possible, shield elderly family members and minors from the stress and disruption of the situation. Maintain normal routines for children and avoid exposing them to unnecessary details about the case.
Primary legislation: Criminal Procedure Law, Articles 80–96 [CN official]
Related: Criminal Detention Timeline → | Administrative vs. Criminal Detention → | Bail for Foreigners → | Consular Notification Rights →