- Cost: No monetary cost for this initial step. Replace “is this technically possible?” with “could the manufacturer, platform or company report it?” The difficult part is resisting the assumption that a small incident will be ignored. The source says server logs, payment records and group-chat records can be obtained during an investigation.
- In plain language: Consider the possibility of a report before acting. If criminally detained, the source describes a decision on approval of arrest within a maximum of 37 days in the circumstances below. A lawyer can be retained from the first interrogation. The source emphasizes seeking a criminal lawyer promptly during this period.
- Legal provisions described by the source: Any organization or person who discovers facts suggesting a crime may report them. An investigating authority should open a case when it finds criminal facts meeting the requirements. After criminal detention, police ordinarily have three days to request approval of arrest from the procuratorate, with a possible extension of one to four days in special circumstances. Specified circumstances such as itinerant offending can extend this period to 30 days. The procuratorate then has seven days to decide, giving a combined maximum of 37 days in those circumstances. A defence lawyer may be retained from the first interrogation or the imposition of a compulsory measure such as detention or arrest. During investigation, only a lawyer may act as the retained defender. After a lawyer requests a meeting, the detention centre must arrange it within 48 hours. Release on bail pending investigation may be available where a sentence of public surveillance, criminal detention or only a supplementary penalty is possible; it involves a deposit or guarantor and may last up to 12 months. These descriptions concern China.
- Source author's evidence grade: C; this is not a site verification or professional approval.
- Source: National People's Congress (2018), Criminal Procedure Law, amended 2018, articles 34, 39, 67, 79, 91, 110 and 112: https://www.spp.gov.cn/zdgz/201810/t20181027_396818.shtml.
- Notes: The 37-day figure concerns the period from detention to a procuratorate decision on approval of arrest; it is not an overall limit on detention. Further investigative custody periods can follow approval. The source emphasizes a lawyer's opportunities during this initial period to meet the person, submit reasons against approval of arrest and request release on bail, and warns against waiting until prosecution. The other entries in this chapter likewise discuss whether another party has grounds to report conduct.
Before acting, consider whether a manufacturer, platform or company could report it; seek a criminal lawyer promptly if investigated
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