Safety & lawIdea 1 · 2 min read

Before acting, ask whose interests are affected, how capable they are of pursuing you and what evidence you leave; get a criminal lawyer immediately if investigated

Grade C evidenceValue: High
In plain language

Consider whether the affected organization might report you. Logs, payments and chats can all become evidence. After criminal detention, the arrest-approval decision may take up to 37 days. You may appoint a lawyer from the first interrogation; this early period is especially useful for criminal defense.

MoneyNo cost
TimeQuick and easy
EffortSome effort

What it takes

Free. Replace “Can I technically do it?” with “Might the vendor, platform or company report this?” Resist assuming no one cares about something small: investigators can obtain server logs, payment records and group chats.

What you may gain

Any organization or individual discovering facts suggesting a crime may report them; authorities must open a case when they consider that a crime requiring investigation occurred. Following criminal detention, police ordinarily have 3 days to request procuratorial approval of arrest, extendable by 1–4 days in special circumstances or to 30 days in circumstances such as repeated offenses across localities. The procuratorate then has 7 days to decide: up to 37 days in total. You may appoint counsel from the first interrogation or the imposition of a compulsory measure such as detention or arrest. During police investigation, the appointed defender must be a lawyer. A detention facility must arrange a requested lawyer meeting within 48 hours. People potentially facing public surveillance, short-term criminal detention or only an ancillary penalty may qualify for release on guarantee pending trial, using a bond or guarantor. This can last up to 12 months. Nationwide Chinese rules apply.

Context & considerations

The 37 days measure detention to the procuratorate's arrest decision, not a maximum total custody period. Investigation custody continues after approval. A knowledgeable lawyer can meet you, submit reasons against arrest and request release during this period; waiting until prosecution loses that opportunity. The remaining entries all concern reasons someone might report an activity.

Research & references

National People's Congress of China (2018). Criminal Procedure Law, 2018 revision, Articles 34, 39, 67, 79, 91, 110 and 112. https://www.spp.gov.cn/zdgz/201810/t20181027_396818.shtml