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Criminal Defense

Time£º2017/02/18 14:54:00 View£º hits

What will happen after a foreign citizen is detained in China?


If a foreign citizen is detained by Chinese authorities, the foreign Embassy will generally do all it can to assist him or her. In conformance with the foreign-PRC Consular Convention, Chinese authorities must report the detention of the foreign citizen to the Embassy no later than four days from the date of arrest or detention. An Embassy or Consulate officer may visit the foreign detainees and may provide all help he/she can except for legal advice or assistance.


What are the penalties for the foreign criminals?

In China a foreign citizen is subject to China¡¯s laws and regulations, which differ significantly from those in the foreign countries and do not afford the protections available to the individual under the foreign laws. Penalties for breaking the law can be more severe than in the foreign countries for similar offenses. Persons violating China¡¯s laws, even unknowingly, may be expelled, arrested or imprisoned. Penalties for possession of, use of, or trafficking in illegal drugs in China are severe, and convicted offenders can expect long jail sentences and heavy fines. Engaging in sexual conduct with children or using or disseminating child pornography in China is also a crime.

What is the new law on the public security in China?

On March 1, 2006, a new Public Security Law named the Security Administration Punishment Law went into effect that gives police new powers relating to the commission of a wide range of offenses, including the authority to detain and deport foreigners. The list of offenses has been expanded to include certain religious activities and prostitution-related crimes.

The foreigners in China, who are not staying at hotels, must register with local police as soon as they arrive. Otherwise, they may be fined up to 500 RMB per day. Foreigners detained for questioning may not be allowed to contact their national authorities until the questioning is concluded. Foreigners who are detained pending trial have often waited over a year for their trial to begin. Foreigners suspected of committing a crime are rarely granted bail. Criminal punishments, especially prison terms, are much more severe than in foreign countries.

How can a Chinese lawyer help me if I¡¯m a suspect or a victim of crime in China?


If a foreign citizen is a victim of crime in China, he or she should contact the police in their local area. Everywhere in China, the Police Emergency Number is: 110. In such situations, he or she may also need to contact a doctor and a lawyer, who can help protect his or her legitimate rights and interest in China. If he or she is a suspect of crime, China lawyers can guard his lawful rights to the greatest extent. The Embassy of his or her home country may help him or her, but cannot replace a China lawyer in criminal defense. Please note that only China lawyers are entitled to fully exercise criminal defense rights in China.