DetailsAccording to relevant laws, regulations and judicial interpretations, Chinese Criminal Law is applicable to all who commit crimes within the territory of the China except as specially stipulated by law. This means that whoever commits crimes is a Chinese citizen or a foreigner, his act shall be governed by China Criminal Law. If a foreigner commits crimes in China and shall be subject to criminal liability, the Chinese Criminal Procedure Law shall be applied.
Normally speaking, a criminal case will undergo three stages. They are investigation, prosecution and trial. If the defendant is not satisfied with the judgment, he can appeal to a higher court. While the suspect is detained or arrested, he has no right to communicate with his family directly. Due to the different languages and the living condition in the detention center, the suspect might feel worried and afraid. He might also be interrogated by investigators with bad attitudes and his rights might be infringed. All of these might increase his worries and fears.
However, in accordance with Chinese laws, a suspect’s legitimate rights and interests may not be violated and the suspect or his relatives have rights to hire a criminal defense attorney to provide legal service and legal assistance to him.
Generally speaking, a criminal defense attorney has the right to meet and correspond with the suspect (or the defendant after the case is brought to the court), to collect evidence, to apply to the judicial authorities for evidence collection, to examine, consult, extract and duplicate the case materials and to defend the suspect or defendant of his innocence, the pettiness of his crime and the need for a mitigated punishment or exemption from criminal responsibility. Thus, a criminal defense attorney is on a relatively advantageous stage to help the suspect or the defendant to safeguard his legitimate rights and interest.
During each of the following stages, the criminal defense attorney can：
1. Investigation
a) Meet the criminal suspect
b) Correspond the criminal suspect
c) Get the information of the case from the investigation authority and the criminal suspect
d) Provide legal advice to the criminal suspect regarding his rights and obligations and the case
e) If the human rights or litigation rights are infringed, the attorney could file petitions and complaints on the suspect’s behalf.
f) If the criminal suspect is arrested, the attorney may apply for obtaining a guarantor pending trial on the suspect’s behalf.
2. Prosecution
a) Meet the criminal suspect, get the information of the case from him
b) Examine the case, consult, extract and duplicate the judicial documents, the technical verification material, and the material of the facts of the crime accused in the current case
c) Correspond with the criminal suspect in custody
d) Investigate and collect evidence
e) Apply for obtaining a guarantor pending trial
f) Present materials and opinions of the innocence of the criminal suspect, the pettiness of his crime and the need for a mitigated punishment or exemption from criminal responsibility
g) Present defense opinions or complaint to the Prosecution authority
3. Trial
a) Meet and correspond with the defendant
b) Examine the case, consult, extract and duplicate the judicial documents, the technical verification material, and the material of the facts of the crime accused in the current case
c) Present, according to the facts and law, materials and opinions proving the innocence of the defendant, the pettiness of his crime and the need for a mitigated punishment or exemption from criminal responsibility
d) Attend the court hearing
e) Defend the defendant in the court and during the adjournment