The criminal investigation stage is the first — and in many ways the most consequential — phase of Chinese criminal proceedings. For families of foreign nationals detained in Guangzhou, understanding what happens during this stage, and what can and cannot be done, is essential to navigating the months ahead.
Overview of the Investigation Stage
The investigation stage begins when the public security organ formally opens a criminal case (立案) and ends when the case file is transferred to the People's Procuratorate for prosecution review (审查起诉). During this stage, the investigating authority collects evidence, interrogates the suspect, interviews witnesses, conducts searches and seizures, and may commission forensic examinations. The suspect may be held in criminal detention throughout this period — for a duration that, under Chinese law, can extend to several months depending on the complexity and gravity of the case.
Key Events and Time Limits
- Criminal detention: initial period of up to 3 days, extendable to 7 days for "major suspects" and to 30 days for repeat offenders, gang-related offences, or cases where the suspect's identity is unclear.
- Formal arrest: within the detention period, the public security organ must either apply to the Procuratorate for formal arrest or release the suspect. The Procuratorate has 7 days to decide whether to approve the arrest.
- Post-arrest investigation: following formal arrest, the investigation custody period is generally 2 months, extendable by increments (1 month, 2 months, 2 months) subject to approval at successively higher levels, for complex or serious cases. The maximum pre-trial investigation custody period can reach 7 months in exceptional cases.
What Families Can Do During This Stage
- Engage counsel immediately. Only a lawyer can visit the detainee during the investigation stage. The lawyer can explain the charges, assess the strength of the evidence, identify procedural violations, and submit applications — for example, for bail or for the exclusion of illegally obtained evidence.
- Do not attempt to contact witnesses or gather evidence independently. This may be construed as interference with the investigation and could expose the family member to criminal liability.
- Maintain communication through proper channels. The lawyer is the conduit for information between the detainee and the family. The consulate is a parallel channel for welfare-related concerns. Both should be utilised in a coordinated manner.
- Prepare for the financial implications. The investigation stage can last months. Counsel's fees, detention centre deposits, and related costs should be budgeted for the duration.
The Prosecutor's Role
The Procuratorate exercises legal supervision over the investigation. If counsel identifies procedural violations — for example, failure to notify the consulate within the statutory 48-hour window, or interrogation in the absence of an interpreter — an application may be made to the Procuratorate for corrective action. The Procuratorate's power to supervise the legality of criminal investigations is an important check, and one that experienced counsel will invoke where warranted.
Related: Criminal Detention Timeline → | Police Interrogation Rights → | Bail for Foreigners →