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 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

Starting from the first interrogation or from the moment you’re placed under compulsory measures restricting your freedom, you have the right to appoint a lawyer. While the case remains under police investigation, only lawyers may represent you — no one else can serve as a defense counsel. Upon a lawyer’s request, the detention center must arrange a meeting within 48 hours, and such meetings are not monitored. No one may be forced to confess guilt, and you may refuse answering questions unrelated to the case. A summons or compulsory appearance lasts at most 12 hours; for especially serious and complex cases, this limit extends to 24 hours. A summons merely notifies you to come for questioning, while compulsory appearance means you’re physically taken there. Repeated summonses must not be used to detain someone indefinitely. Anyone fabricating facts to falsely accuse another and seeking criminal punishment for them faces up to three years in prison; if serious harm results, the sentence rises to three to ten years. If charges are dropped, prosecution is refused, or a court acquits you after detention or arrest, you may claim state compensation calculated daily based on the previous year’s national average wage for workers.

Notes

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).

Sources · 3

1. 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）. spp.gov.cn/zdgz/201810/t20181027_396818.shtml
2. 全国人大 (1997). 刑法（第二百四十三条）. spp.gov.cn/spp/fl/201802/t20180206_364975.shtml
3. 全国人大常委会 (2012). 国家赔偿法（2012 年修正，第十七、三十三条）. stats.gov.cn/gk/tjfg/xgfxfg/202503/t20250306_…（国家统计局转载）