11-001 · EVIDENCE C · SOURCE-SENSITIVE

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.

动手前先问一句:厂商、平台、公司会不会去报案;被追究后马上找刑事律师

Source 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.

Source return

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.

Evidence grade

C

THE LOW-ROI DETOURSatire, not advice

Move “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.” to Future Me's calendar

The excuse

One more exception feels free because the bill arrives outside the current scene.

What feels good now

Today I keep a few minutes, a bit of persistence and avoid interrupting my default routine.

What the source says

The source summarizes the return this way: “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.” Evidence grade C. The original states the population, caveats, and sources; this is not a personal forecast.

THE ENGLISH EDITION

Original recommendation and evidence

Source commit a994b6a0c905

1. 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.

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.

In plain terms: 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.

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.

Evidence grade: C

Sources: National People's Congress (2018). Criminal Procedure Law (2018 amendment, Articles 34, 39, 67, 79, 91, 110, 112). <https://www.spp.gov.cn/zdgz/201810/t20181027_396818.shtml>

Notes: 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.

Read the complete Chinese source and notes

1. 动手前先问一句:厂商、平台、公司会不会去报案;被追究后马上找刑事律师

成本: 不花钱。动手前把「技术上能不能做」换成另一个问题:厂商、平台、公司会不会去报案。难在忍住「这点小事没人管」的念头,因为服务器日志、支付记录、群聊记录,办案时默认都会被调出来

说人话: 动手之前先问一句:厂商、平台、公司会不会去报案。服务器日志、支付记录、群聊记录,办案时都调得出来。真被刑事拘留了,最长 37 天内决定抓不抓你。从第一次问话起你就能请律师,这 37 天是找刑事律师最管用的时候。

收益: 任何单位和个人发现犯罪事实,都有权去报案。办案机关认为有犯罪事实,就应当立案。被刑事拘留之后,公安要在 3 日内提请批捕(向检察院申请正式逮捕)。特殊情况可以延长 1 到 4 日。流窜作案(跨地方连续作案)这类情形可以延长到 30 日。检察院再用 7 日决定。加起来最长 37 天内决定捕不捕。从第一次讯问起,或者从被采取强制措施(被拘留、逮捕这一类)起,你就可以委托律师。案子还在公安手里查的阶段,只能委托律师。律师要求会见,看守所最迟 48 小时内安排。可能判管制、拘役这类比坐牢轻的刑罚,或者只判附加刑、不判主刑的,可以取保候审:交一笔保证金或者找个保证人,先回家等着办案。取保最长 12 个月(全国)

证据等级: C

来源: 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>

备注: 这 37 天,算的是从被拘留到检察院决定批不批准逮捕,不是关押的上限。批捕之后还有侦查期间的羁押期限,接着往下算。懂行的律师最管用的也是这 37 天:见到人、向检察院递一份「不该批捕」的意见、申请取保候审。等到起诉之后再找律师就晚了。本节其余条目讲的都是同一件事:对方有没有报案的理由。

Author's scope notes: 这 37 天,算的是从被拘留到检察院决定批不批准逮捕,不是关押的上限。批捕之后还有侦查期间的羁押期限,接着往下算。懂行的律师最管用的也是这 37 天:见到人、向检察院递一份「不该批捕」的意见、申请取保候审。等到起诉之后再找律师就晚了。本节其余条目讲的都是同一件事:对方有没有报案的理由。

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Original content by eternity4719 under CC BY 4.0. English translation is credited in the source notes. HowToLiveWorse adds a clearly labeled satirical response.

Full source and adaptation notes