05Evidence A

If accused or summoned, hire a lawyer first — don’t settle privately or delete records

You can hire a lawyer right from the first time you’re called in for questioning. If the lawyer requests a meeting, the detention center must arrange it within 48 hours, and those talks cannot be monitored. You’re allowed to refuse answering any questions unrelated to the case.

Cost

Legal fees start at several thousand yuan. Those with fina…

Benefit

From the very first interrogation, or from the moment coercive measures (restriction of personal freedom) are…

Cost

Legal fees start at several thousand yuan. Those with financial difficulties can apply to legal aid agencies for a free lawyer. When questioned, answer only questions relevant to the case; leave the rest to your lawyer. The hard part is staying calm on the spot and resisting the urge to explain everything yourself.

Benefit

From the very first interrogation, or from the moment coercive measures (restriction of personal freedom) are taken against you, you have the right to appoint a lawyer. During the period when the case is still under investigation by the public security organs in China, you may only appoint a lawyer; you cannot appoint anyone other than a lawyer to serve as a defense counsel. When a lawyer requests a meeting, the detention center must arrange it within a maximum of 48 hours, and the meeting shall not be monitored. No one shall be forced to testify against themselves. You have the right to refuse to answer questions unrelated to the case. A summons or an order to appear (detention for questioning) lasts a maximum of 12 hours per instance, and up to 24 hours for particularly serious and complex cases. A summons is a notice for you to go for questioning, whereas an order to appear is the forced transport of you to undergo questioning. One may not be subjected to consecutive summonses to keep a person in de facto detention. Those who fabricate facts to falsely accuse others with the intent to have them held criminally liable shall be sentenced to up to 3 years, and if serious consequences are caused, shall be sentenced to 3 to 10 years. If a case is withdrawn, or if a non-prosecution decision or an acquittal is made after detention or arrest, one may apply for state compensation. Compensation is calculated daily based on the average daily wage of employees nationwide in the previous year (China).

Original sources

全国人大常委会 (2018). 刑事诉讼法(2018 年修正,第三十四、三十五、三十九、五十二、一百一十九、一百二十条). https://www.spp.gov.cn/zdgz/201810/t20181027_396818.shtml;全国人大 (1997). 刑法(第二百四十三条). https://www.spp.gov.cn/spp/fl/201802/t20180206_364975.shtml;全国人大常委会 (2012). 国家赔偿法(2012 年修正,第十七、三十三条). https://www.stats.gov.cn/gk/tjfg/xgfxfg/202503/t20250306_1958899.html(国家统计局转载)

Open source link
Book note

Do not attempt to settle privately with the other party or contact their family members. Any “private settlement” may be interpreted as admitting guilt. Chat logs, call records, and travel histories serve as proof of your innocence; deleting them removes your own evidence. If a report or accusation later proves unfounded, this does not constitute false accusation or entrapment. This rule applies equally to all accused individuals regardless of gender. For further details, see Section 33 (punishing those who fabricate facts), Section 34 (acquittal when evidence is insufficient and subsequent appeals), and Section 35 (daily state compensation after unlawful detention).

My note