Criminal Defense for Foreigners in China: Procedures and Key Points from Experienced China Lawyer
Procedures, time line and key points for criminal defense for foreigners in China.
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We understand that it can be frustrating to have your family member detained in China, but that doesn't mean there's nothing you can do - you still have the opportunity to fight for your family member not to be formally arrested or prosecuted, or to seek an acquittal under China's criminal law system.
The key is to take prompt action, obtain professional advice from Chinese lawyers in the criminal field, develop defense strategies, and submit them to the authorities as soon as possible. As things enter the next stage, getting rid of difficulties becomes increasingly difficult. If your family is detained or arrested in China, here are some suggestions on what you can do or should pay attention to.
01
Contact Your Embassy
It is important to contact your embassy or consulate as soon as possible. They can provide you with important information and assistance, including in which city your family was detained or restricted in freedom on what charges.
03
Hire a Chinese Criminal Defense Lawyer
During this period, only lawyers are allowed to meet with your family. Professional criminal defense lawyers will understand the situation of the case and let your family know what rights he has been protected when questioned by Chinese police.
02
37-Days ‘Golden Period’
The police can detain your family up to 37 days before the prosecutor approves arrest against your family. Some call this a ‘golden period’ for you and your lawyer to argue a case, as it will be difficult to change the game once the prosecutor has approved the arrest.
04
Submit Defense Strategy
Even if your family is arrested, there is still an opportunity not to be prosecuted. After the investigation is completed, the police will submit the case materials, including the arguments presented by your lawyer, to the prosecutor for review and consideration of whether to file a lawsuit. Therefore, it is crucial that your lawyer is able to communicate smoothly with your family and establish convincing arguments in writing.
╭ Get in Touch ╮
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31 Branch Offices in China
Mobile: +86 188 1447 0193 Gigi Wu
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E-mail: minzhi.wu@landinglawyer.com
Seizing the Time is to Strive for Freedom
The 3 Most Important Values of Chinese Criminal Defense Lawyers
1
Protect
Even if detained, the legitimate rights of your family should be protected. Lawyers can protect your family from unfair and illegal treatment. If the case they are involved in meets specific conditions, the lawyer can promptly submit bail applications for your family to the authorities.
2
Communicate
Being detained abroad not only limits physical freedom, but also causes great psychological pain. According to Chinese law, detained individuals can only be met by lawyers. A lawyer can bring care from his family to him, and also encourage him to do our best to rescue him.
3
Defend
The lawyer will make every effort to understand what was discovered in the case, what your family did but did not do, and based on favorable evidence combined with Chinese legal provisions, submit a written defense opinion to the police, procuratorate, and even the court, to fight for your family's freedom and justice under Chinese criminal law.
╭ ABOUT US ╮
Landing Law Offices China is an international law firm based in China. "Landing" has been growing at breakneck speed in recent years and has established more than 40 offices within and outside China, covering domestic offices including Shanghai, Shenzhen, Guangzhou and Beijing in China, and oveseas offices including India, Mexico, Japan, the US, the Philippines and Singapore.
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