If accused or summoned for questioning, get a lawyer and preserve your records
You may retain a lawyer from the first interrogation or the first compulsory measure. A detention center must normally arrange a lawyer’s requested meeting within 48 hours, and the meeting is not monitored. You may refuse questions unrelated to the case. Do not destroy records or privately pressure the other party into a settlement.
What it takes
Private lawyer fees start at several thousand RMB. People in financial hardship may qualify for legal aid. Answer questions relevant to the case within the applicable law and seek legal advice on your rights. Staying calm instead of rushing to explain everything can be difficult.
What you may gain
China’s Criminal Procedure Law gives a suspect the right to retain a defender from the first interrogation or compulsory measure; during investigation, that defender must be a lawyer. Requested lawyer meetings at a detention center must normally be arranged within 48 hours and are not monitored. No one may be compelled to prove their own guilt, and questions unrelated to the case may be refused. A summons or compelled appearance normally lasts no more than 12 hours, or 24 hours in particularly serious and complex cases meeting the legal conditions. Repeated summonses cannot be used to disguise detention. Fabricating facts to falsely accuse someone with the aim of exposing them to criminal prosecution carries up to three years, or three to ten years for serious consequences. Qualifying wrongful detention or arrest followed by withdrawal, non-prosecution, or acquittal can give rise to state compensation, calculated per day using the previous year’s national average daily employee wage.
Context & considerations
Do not privately approach the complainant or their family. A proposed private settlement may be interpreted as an admission. Messages, call logs, and travel records can support your account; deleting them may destroy your own evidence. An honest mistake or an allegation later found unsubstantiated is not automatically the crime of false accusation. These protections apply regardless of sex. See deliberately fabricated accusations, insufficient evidence and retrial, and compensation after detention for detail.
Research & references
Standing Committee of the National People’s Congress (2018). Criminal Procedure Law, Articles 34, 35, 39, 52, 119, and 120. https://www.spp.gov.cn/zdgz/201810/t20181027_396818.shtml; National People’s Congress (1997). Criminal Law, Article 243. https://www.spp.gov.cn/spp/fl/201802/t20180206_364975.shtml; Standing Committee of the National People’s Congress (2012). State Compensation Law, Articles 17 and 33, reposted by the National Bureau of Statistics. https://www.stats.gov.cn/gk/tjfg/xgfxfg/202503/t20250306_1958899.html.