The police call asking you to come in for a statement — should you go?

There is no standard answer, but going is usually advisable unless there is good reason to believe you shouldn’t. Consider:

  • Nature of the case: for administrative cases (public-order penalties), you often don’t have to go; for criminal cases, cooperating is advisable.
  • Location: cooperate with local cases; for out-of-town cases you generally need not go unless you receive a formal Summons Notice.
  • Risk: refusing may lead to compulsory summons or an online wanted notice, leaving you in a worse position.
  • Lawyer: contact a lawyer to assess the case before you go.

Criminal summons vs administrative summons

  • Criminal summons: under Article 119 of the Criminal Procedure Law, for criminal suspects, witnesses and others.
  • Administrative summons: under Article 82 of the Public Security Administration Punishments Law, for parties in administrative cases.

The two have different legal consequences. A criminal summons may turn into detention; an administrative summons is generally less serious.

Should you bring your phone?

Our advice: avoid bringing your phone to the police station if possible. Reasons:

  • Your phone holds a great deal of private and sensitive information that officers might “happen to see”.
  • Chat and transfer records on the phone may be used by the authorities as “evidence” or “leads”.
  • If the phone is seized, its data may have been extracted even if it is eventually returned.
  • If the phone isn’t there, the authorities must follow stricter statutory procedures to obtain such evidence.

Note, though, that for people who need their phones for work, such as ride-hailing drivers, leaving it behind isn’t realistic. In that case, back up important data in advance and clear sensitive chats.

The limits of truthful answers

Article 52 of the Criminal Procedure Law provides: “No one may be compelled to prove their own guilt.” That means:

  • You have a duty to answer truthfully, but no duty to provide evidence.
  • On admitting the facts of the case: in principle, answer truthfully.
  • On details unfavourable to you: you can answer, or choose to say “I don’t remember”.
  • On evidence favourable to you: you may provide it or not.
  • If an answer would incriminate you, you can invoke the principle against self-incrimination and decline to answer.

Points to watch when giving a statement

  • Read every page of the record carefully, especially parts unfavourable to you.
  • If the record differs from what you said, clearly ask for it to be corrected.
  • If the officer refuses, write on the record “the above record does not match my statement”.
  • Never sign a blank record.
  • Don’t give a statement while exhausted or frightened — you can ask to rest.
  • You can ask for a lawyer to be present (in some cases).

What happens after the statement?

Possible outcomes:

  • Released: if the authorities see no need to open a case or evidence is insufficient.
  • Further cooperation: supplementary statements as a witness.
  • Compulsory measures: criminal detention, bail pending trial, residential surveillance, etc.
  • Administrative penalty: in administrative cases only.

Special warning: what if officers try to induce a confession?

The following are unlawful ways of obtaining evidence:

  • Threats, inducements or deception
  • Prolonged exhausting interrogation (beyond a reasonable time)
  • Denial of food, water or rest
  • Promising “cooperate and we’ll let you go” without meaning it

If this happens, complain promptly to the prosecutor stationed at the detention facility, the higher-level public security authority or the procuratorate.

How Wang Xin’s team can help

  • Emergency intervention within 24 hours of criminal detention
  • Legal assessment before a summons
  • Accompanying clients to give statements
  • Complaints and appeals about induced or coerced confessions
  • Protecting witnesses’ rights
  • Legal opinions seeking non-prosecution or case withdrawal

If you have been told to go to a police station or face a criminal investigation, contact Wang Xin immediately: phone +86 186-0113-9509, WeChat wang223040.

Quick answers

Should I go if Chinese police call me in to give a statement?
Usually yes, unless there is good reason not to. Consider whether it is a criminal or administrative matter, whether it is local, and the risk of compulsory summons if you refuse; consult a lawyer before going.
Should I bring my phone to a Chinese police station?
Wang Xin’s advice is to avoid bringing it where possible, because chats and transfer records may be viewed or extracted. If you need the phone for work, back up important data in advance.
What should I do if the police record doesn’t match what I said?
Read every page, ask for corrections, and if refused, write that the record does not match your statement. Never sign a blank record, and ask for rest if you are exhausted or frightened.

This is an English edition of Wang Xin’s original Chinese article, 被叫去派出所做笔录：手机带不带、说什么、不说什么. It explains the law of the People’s Republic of China in general terms and is not legal advice for any particular case; outcomes depend on the specific facts and on how local authorities apply the rules.