Legal basis: Provisions on Procedures of Public Security Organs Handling Criminal Cases
Article 106 To detain a criminal suspect, an Application for Detention shall be filled out, and a detention certificate shall be issued with the approval of the person in charge of the public security organ at or above the county level. When carrying out detention, a detention certificate must be produced, and the detainee is ordered to sign (seal) the detention certificate. If the detainee refuses to sign (seal) or fingerprint, the investigator shall indicate it. Under any of the circumstances listed in Article 105 of these Provisions, if it is too late to go through the detention formalities due to emergency, the criminal suspect shall go through the legal formalities immediately after being taken to the public security organ.
Article 108 After detention, a notice of detention shall be written within 24 hours and served on the detainee's family or unit. However, with the approval of the person in charge of the public security organ at or above the county level, the notice may not be issued: (1) the suspect in the same case may escape, conceal, destroy or forge evidence; (two) do not speak the real name and address, the identity is unknown; (three) other obstacles to the investigation or unable to notify. After the above situation is eliminated, the family members of the detained person or their units shall be notified immediately. If no notice is given within twenty-four hours, the reasons shall be indicated on the detention notice.