01Evidence C

Ask three questions before taking any action: Whose interests might be harmed? How capable is the other party of pursuing legal action? And how much evidence do I have? If legal action is taken, immediately hire a criminal defense attorney.

Before doing anything, ask whether the vendor, platform, or company will report the incident to police. Server logs, payment records, and chat logs are all easily obtained during an investigation. If you are criminally detained, authorities must decide within 37 days whether to formally arrest you. You may hire a lawyer from the very first interrogation onward; those 37 days are the most critical window for securing effective legal representation.

Cost

No cost at all. Before acting, replace the question “Is th…

Benefit

Any organization or individual who becomes aware of a crime may file a police report. Once authorities deem a…

Cost

No cost at all. Before acting, replace the question “Is this technically feasible?” with “Will the vendor, platform, or company file a police report?” The hard part is resisting the urge to think “this is a minor issue no one will care about” — server logs, payment records, and chat logs are all routinely subpoenaed during investigations.

Benefit

Any organization or individual who becomes aware of a crime may file a police report. Once authorities deem a crime to have occurred, they must open an investigation. After a criminal detention, police must request formal arrest approval from prosecutors within three days; this period may be extended by one to four days under special circumstances, or up to 30 days in cases involving multiple locations or serial offenses. Prosecutors then have seven days to make a decision. In total, the maximum timeframe for deciding whether to arrest is 37 days. From the first interrogation or upon being placed under any compulsory measure, you may retain legal counsel; during the police investigation phase, only lawyers may be hired. Lawyers must be granted access to clients within 48 hours of requesting a meeting. If the potential sentence involves lighter penalties such as probation or fines rather than imprisonment, you may be released on bail by posting a bond or securing a guarantor; this bail period may last up to 12 months nationwide.

Original sources

全国人大 (2018). 刑事诉讼法(2018 年修正,第三十四、三十九、六十七、七十九、九十一、一百一十、一百一十二条). https://www.spp.gov.cn/zdgz/201810/t20181027_396818.shtml

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Book note

These 37 days refer strictly to the interval between detention and the prosecutor’s decision on arrest; they do not represent the overall maximum detention period. Additional detention limits apply during the subsequent investigation phase. It is precisely during these 37 days that experienced attorneys can be most effective — meeting clients, submitting arguments to prosecutors that arrest is unwarranted, and applying for bail. Seeking legal help after indictment is far too late. All other items in this section address the same underlying issue: whether the other party has grounds to file a report.

My note