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

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

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.

In plain terms: 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.

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.

Evidence grade: A

Sources: Standing Committee of the National People's Congress (2018). Criminal Procedure Law (2018 amendments, Articles 34, 35, 39, 52, 119, 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>; National People’s Congress Standing Committee (2012). State Compensation Law (2012 amendment, Articles 17, 33). <https://www.stats.gov.cn/gk/tjfg/xgfxfg/202503/t20250306_1958899.html> (Reprinted by National Bureau of Statistics of China)

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).