CRIMINAL DEFENCE
When a person is under investigation in China.
The first question is who is handling the matter, what measure has been taken and which stage the case has reached.
WORK DEPENDS ON THE STAGE
Different stages call for different legal work.
Being contacted, being detained and being prosecuted are different situations. A notice or other original document is often more useful than an informal description of what has happened.
- 01
Criminal investigation
Within the agreed engagement, work may include legal assistance, meetings with a suspect or defendant in custody, applications to change compulsory measures and submissions to the investigating authority. Meetings are subject to the applicable procedure; specified categories of case require permission during the investigation stage.
- 02
Examination for prosecution
When the people’s procuratorate examines whether to prosecute, defence counsel may consult, extract and copy case-file materials in accordance with the Criminal Procedure Law. The work then turns to the evidence, the alleged offence and submissions on the case.
- 03
Trial or appeal
Work may include a defence strategy, examination of evidence, court representation or an appeal. The scope and any deadlines must be checked against the actual case.
A DISTINCT PROCEDURE
If the notice refers to liuzhi.
Liuzhi is detention at a designated place during an investigation by a Chinese supervisory commission under the Supervision Law. It can apply to certain people suspected of duty-related wrongdoing and, where the statutory conditions are met, people implicated in bribery-giving or joint duty-related crimes. The Criminal Procedure Law rights to meetings with defence counsel and access to case files do not apply during the liuzhi stage.
Work at that point may centre on lawful assistance for the family: understanding the procedure, preserving original materials and considering lawful requests. This does not include a promise of lawyer access to the person held in liuzhi. If the matter is transferred to the people’s procuratorate for examination for prosecution, criminal defence arrangements are assessed under the Criminal Procedure Law.
Questions from families overseas
Can I enquire for a relative?
Yes. Explain your relationship in general terms. The person making contact, the person paying and the client may be different; authority to instruct and the scope of information sharing need to be confirmed.
Can everything be handled remotely?
An initial consultation may be arranged remotely. Visits, court work and other local steps may require attendance in China. Authorisation, language arrangements and any local collaboration are assessed for the matter.
Does “release on bail” mean the same thing as in my country?
Chinese qubao houshen is a non-custodial compulsory measure with statutory conditions and continuing obligations. The criminal proceedings continue. It should not be assumed to have the same effect as bail in another legal system or to permit departure from China. Leaving the city or county of residence requires the executing authority’s approval; any separate exit restriction must also be considered.
Legal references: PRC Criminal Procedure Law, Articles 38–40, 67–71 and 170; PRC Supervision Law, Articles 24, 52 and 54 (official Chinese texts). Specific conditions and exceptions apply.
CONTACT & APPOINTMENTS
Discuss the next step.
Call or add us on WeChat to arrange a consultation. Confirm the scope, language, time and fee before booking. For an initial enquiry in English, use WeChat or email to confirm arrangements before a call.
Prefer email? wangcuolawyer@163.com