Before you act, ask whether the vendor, platform or company would report it; if you are pursued, get a criminal defense lawyer right away

Cost

Free. Before you act, replace "can this be done technically?" with another question: would the vendor, platform or company report it? The hard part is holding back the thought that "nobody cares about something this small," because server logs, payment records and group-chat records can all be pulled by the investigating authorities.

What you get

Any organization or individual who discovers a criminal act has the right to report it. If the investigating authority finds there are criminal facts, it must open a case. The courts, procuratorates and police "have the right to collect and obtain evidence from relevant organizations and individuals," who must provide it truthfully. After criminal detention, the police must ask the procuratorate (检察院) for approval of arrest within 3 days, which means applying for a formal arrest. In special cases this can be extended by 1 to 4 days. For roaming crimes (committed in one place after another), it can be extended to 30 days. The procuratorate then takes 7 days to decide. Added up, the decision on whether to arrest comes within 37 days at most. When the procuratorate reviews whether to approve arrest, "if the defense lawyer so requests, the lawyer's opinion must be heard." A lawyer also has the right to apply to change the coercive measure, such as replacing detention with bail pending trial, and the investigating authority must reply within 3 days. From the first interrogation, or from the moment a coercive measure is taken (such as detention or arrest), you can hire a lawyer. While the police are still investigating, you can only hire a lawyer. When a lawyer asks for a meeting, the detention center must arrange it within 48 hours at the latest. If the likely sentence is lighter than prison, such as controlled release (管制) or short-term detention (拘役), or only a supplementary penalty with no principal penalty, you can get bail pending trial (取保候审): pay a deposit or find a guarantor, and go home to wait while the case proceeds. Bail lasts 12 months at most (nationwide)

Notes

The 37 days run from detention to the procuratorate's decision on whether to approve arrest. They are not an upper limit on how long you can be held. After approval of arrest, the detention period during the investigation keeps counting from there. During these 37 days, what a lawyer can do is meet you, submit an opinion to the procuratorate that you should not be arrested, and apply for bail. The author's view is that by the time you look for a lawyer after prosecution, the arrest-approval stage has already passed. The other items in this section are all about the same thing: whether the other side has a reason to report.

Evidence grade

C : The author's experience or common practice, without direct literature.

Sources

1. National People's Congress (2018). Criminal Procedure Law [in Chinese] (2018 amendment, Articles 34, 39, 54, 67, 79, 88, 91, 97, 110 and 112). https://www.spp.gov.cn/zdgz/201810/t20181027_396818.shtml

Translated from the Chinese original. Original book, section 11, tip 1. This section describes legal rules, mostly mainland China’s. It is general information, not legal advice; for your own case, talk to a lawyer. Content may be out of date and rules differ by place. When you actually deal with an agency, a doctor or a court, follow what local officials, doctors and lawyers tell you. Disclaimer